DANIEL ALAN CRAWFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Crawford pleaded nolo contendere to aggravated battery and was sentenced to 21.5 years. His newly retained private counsel challenged the plea and sentencing, arguing Crawford was incompetent at the time of the plea and sentencing due to recent suicide attempt and heavy medication. The appellate court vacated the sentence and remanded for a competency hearing.
The trial court must hold an evidentiary hearing to determine whether Crawford was competent to enter the nolo plea and to participate in the sentencing hearing. Although Crawford's claim that the public defender misled him about sentencing guidelines brackets was insufficient because the sentence fell within both brackets, his competency challenge presented sufficient grounds warranting a continuance and competency hearing.
[1] A defendant's confusion regarding sentencing guideline brackets is harmless when the sentence imposed falls within the maximum of the lower bracket and the minimum of the…
[2] A defendant's competency to enter a plea and participate in sentencing must be determined when there is a sufficient showing of grounds for a continuance and a competency…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After Crawford entered his nolo plea, he was placed in a substance abuse program, and when released from it, he attempted suicide by shooting himself in the chest.”
Establishes the critical fact that Crawford's competency may have been impaired by his recent suicide attempt and hospitalization.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCrawford pleaded nolo contendere to aggravated battery, with an attempted murder charge nol prossed. Before sentencing, Crawford was placed in a subst…
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SHARP, Chief Judge.
Crawford pled nolo contendere to a charge of aggravated battery,1 and the state nol prossed an attempted murder charge. The public defender informed the court that no assurances had been made to Crawford which were contrary to the possible penalties announced by the court (fifteen years imprisonment and/or a $10,000 fine). The court found the plea was voluntary and that Crawford understood the nature of his plea and its consequences.
Just prior to Crawford’s sentencing hearing, a private attorney assumed Crawford’s representation. Counsel moved for a continuance and a hearing to determine Crawford’s competency both at the time of sentencing and at the time he entered his nolo plea. Counsel also sought a hearing on whether Crawford should be allowed to withdraw his plea because he was misled by the Public Defender as to which bracket his “score” would result in, pursuant to the guidelines.
We think the basis for Crawford’s motion to withdraw his plea is insufficient, as shown by the record. Crawford claims the public defender misled him into thinking the second cell bracket would be applicable instead of the third bracket. However, Crawford was sentenced to 2lk years, which is the maximum of the second bracket and the minimum of the third bracket. Thus, any confusion on Crawford’s part as to the brackets was harmless.
However, we think Crawford’s attorney sufficiently demonstrated grounds to justify both a continuance of the sentencing hearing, and a hearing to determine Crawford’s competency to attend his sentencing hearing and to enter his nolo plea. After Crawford entered his nolo plea, he was placed in a substance abuse program, and when released from it, he attempted suicide by shooting himself in the chest. At the sentencing hearing, his attorney informed the court that Crawford had just left the intensive care unit of a local hospital and was so medicated he did not understand what the court was doing, nor could he adequately assist his attorney.
Under these circumstances, we think the trial court should hold an evidentiary hearing to determine whether Crawford was competent to enter the nolo plea, and to participate in the sentencing hearing. See Trawick v. State, 473 So. 2d 1235 (Fla.1985), cert. denied, 476 U.S. 1143, 106 S.Ct. 2254, 90 L.Ed.2d 699 (1986); Brehm v. State, 495 So. 2d 253 (Fla. 3d DCA 1986).
VACATE SENTENCE; REMAND.
DAUKSCH and GOSHORN, JJ., concur. . § 784.045(1)(b), Fla.Stat. (1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Trawick v. State, 473 So. 2d 1235 (Fla. 1985)
- Brown v. Jefferson, 476 U.S. 1143 (U.S. 1986)
- Novel v. Picariello, 476 U.S. 1143 (U.S. 1986)
- Brehm v. State, 495 So. 2d 253 (Fla. 3d DCA 1986)