WILSON RIVERA
v.
STATE OF FLORIDA
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PER CURIAM.
On appeal, appellant argues the trial court erred by denying his motion to withdraw a plea because the trial judge did not properly address appellant’s competency. Based on the State’s proper confession of error, we agree. First, appellant preserved the issue for appellate review. See State v. Dortch, 317 So. 3d 1074 (Fla. 2021). Second, we agree that the trial court erred by moving forward with trial when there were legitimate doubts regarding appellant’s competency. See Finkelstein v. State, 574 So. 2d 1164, 1169 (Fla. 4th DCA 1991); Pacheco v. State, 114 So. 3d 1107, 1108 (Fla. 2d DCA 2013). Therefore, we reverse the trial court’s order denying the motion to vacate the plea and remand for further proceedings on the issue of competency. See Manchin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019).
Reversed and remanded with instructions.
CIKLIN, GERBER, and KLINGENSMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Javaughn Skinkle v. State (Fla. 5th DCA 2022)
- MacHin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019)
- Pacheco v. State, 114 So. 3d 1107 (Fla. 2d DCA 2013)