BENJAMIN DIAMOND
v.
STATE OF FLORIDA
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A trial court must conduct a competency hearing when it has reasonable grounds to question a defendant's competency, and failure to do so requires reversal and remand.
[1] When a trial court orders a competency evaluation and has reasonable grounds to question a defendant's competency, it must conduct a competency hearing and make an indepe…
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Join FLexlaw to unlock all legal intelligence“If a court fails to hold a competency hearing under these circumstances, reversal is required.”
Court explaining the mandatory nature of competency hearings when reasonable grounds exist to question competency.
Benjamin Diamond was convicted of battery on an inmate. The trial court ordered a competency evaluation that was completed, but did not hold a compete…
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PER CURIAM.
Benjamin Diamond raises two issues on appeal from his judgment and sentence for battery on an inmate. As to his first issue, we conclude that the trial court did not abuse its discretion by conducting only a preliminary Nelson* inquiry at Diamond’s June 17, 2021, plea hearing and not a full Nelson hearing. See generally Thompson v. State, 174 So. 3d 453, 455–56 (Fla. 1st DCA 2015) (discussing trial court’s duty to conduct preliminary Nelson
* Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973).
inquiry (quoting Jackson v. State, 33 So. 3d 833, 835 (Fla. 2d DCA 2010)).
As to the second issue, we accept the State’s concession that this cause must be remanded to the trial court for a competency hearing and determination. The record reflects the trial court ordered a competency evaluation, which was completed, but did not hold the requisite hearing or make the independent competency determination required by Florida Rule of Appellate Procedure 3.210(b). See also Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016) (holding that a court, once it has “reasonable grounds to question the defendant’s competency, [must] conduct a hearing to resolve the question”). “If a court fails to hold a competency hearing under these circumstances, reversal is required.” Johnson v. State, 264 So. 3d 259 (Fla. 1st DCA 2019) (citing Brooks v. State, 180 So. 3d 1094, 1095 (Fla. 1st DCA 2015)).
Accordingly, we reverse and remand to the trial court to conduct a competency hearing. The trial court may make a nunc pro tunc determination if it finds that Diamond was, in fact, competent to stand trial. If the trial court cannot make such a nunc pro tunc determination, then it shall grant a new trial. See Johnson, 264 So. 3d at 260.
AFFIRMED, in part, REVERSED, in part, and REMANDED with instructions.
OSTERHAUS, BILBREY, and WINOKUR, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nelson v. State, 274 So. 2d 256 (Fla. 4th DCA 1973)
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016)
- Brooks v. State, 180 So. 3d 1094 (Fla. 1st DCA 2015)
- Jackson v. State, 33 So. 3d 833 (Fla. 2d DCA 2010)
- Thompson v. State, 174 So. 3d 453 (Fla. 1st DCA 2015)
- Johnson v. State, 264 So. 3d 259 (Fla. 1st DCA 2019)