SHAWN DAVID EVANS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a criminal conviction because the trial court failed to obtain a valid waiver of the defendant's right to a jury trial and did not hold a competency hearing. This case highlights the procedural safeguards required in criminal proceedings.
Yes, the trial court erred in both respects. A valid jury trial waiver requires a written or oral waiver with a proper colloquy, neither of which was present. The court also had a mandatory duty to hold a competency hearing once reasonable grounds to question competency arose.
[1] A trial court that appoints psychological experts to examine a defendant's competency has a mandatory duty to conduct a competency hearing and make an independent finding…
[2] A valid waiver of the constitutional right to a jury trial in a criminal case requires either a written waiver signed by the defendant or an oral waiver made on the recor…
Previewing 2 of 2 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“A valid waiver of a criminal defendant's right to a jury trial requires either a written waiver signed by the defendant or the defendant's oral waiver after a proper colloquy with the trial judge.”
Establishes the requirements for a valid jury trial waiver.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceShawn David Evans was convicted of criminal mischief and marijuana possession following a bench trial. The record did not contain evidence of a writte…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of Less Than Twenty Grams Of Marijuana cases and more on FLexlaw
ATKINSON, Judge. Shawn David Evans appeals from the judgment and sentence for criminal mischief and possession of less than twenty grams of marijuana entered following a bench trial. Because the record is devoid of an oral or written waiver of Evans' right to a jury trial, we must reverse for further proceedings. See Smith v. State, 9 So. 3d 702, 704 (Fla. 2d DCA
2009) ("A valid waiver of a criminal defendant's right to a jury trial requires either a written waiver signed by the defendant or the defendant's oral waiver after a proper colloquy with the trial judge." (citing Johnson v. State, 994 So. 2d 960, 963 (Fla. 2008))); accord Sinkfield v. State, 681 So. 2d 838, 838 (Fla. 4th DCA 1996) ("A defendant charged with a criminal offense may in writing waive a jury trial with the consent of the state (Fla. R. Crim. P. 3.260), or orally on the record after colloquy from which the court finds the waiver is voluntarily, knowingly and intelligently made." (citing Tucker v. State, 559 So. 2d 218, 219 (Fla. 1990))).
The trial court also erroneously failed to hold a competency hearing and make a competency determination despite having entered an order appointing psychological experts. If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for the state, has reasonable ground to believe that the defendant is not mentally competent to proceed, the court shall immediately enter its order setting a time for a hearing to determine the defendant's mental condition . . . and may order the defendant to be examined by no more than 3 experts, as needed, prior to the date of the hearing. Fla. R. Crim. P. 3.210(b) (emphasis added). "According to [r]ule 3.210(b) and case law, once the court has reasonable grounds to question the defendant's competency, the court has no choice but to conduct a hearing to resolve the question." Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016) (citing Brooks v. State, 180 So. 3d 1094, 1096 (Fla. 1st DCA 2015)). "At the competency hearing, the court must make its own independent finding of competence or incompetence." Zern, 191 So. 3d at 964 (citing Dougherty v. State, 149 So. 3d 672, 677 (Fla. 2014)). Where, as here, psychologists opined regarding the defendant's
competency but the trial court merely failed to conduct a hearing and make the determination, the court may make a retroactive determination as to the defendant's competency. See Nelson v. State, 336 So. 3d 744, 745 (Fla. 2d DCA 2021); King v. State, 263 So. 3d 244, 246 (Fla. 2d DCA 2019). Reversed and remanded. CASANUEVA and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Tucker v. State, 559 So. 2d 218 (Fla. 1990)
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016)
- Brooks v. State, 180 So. 3d 1094 (Fla. 1st DCA 2015)
- Johnson v. State, 994 So. 2d 960 (Fla. 2008)
- Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996)
- King v. State, 263 So. 3d 244 (Fla. 2d DCA 2019)
- Smith v. State, 9 So. 3d 702 (Fla. 2d DCA 2009)