ROBERT LEE KNAPP, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Cornell Jackson v. State, 880 So. 2d 1241 (Fla. 1st DCA 2004)
  …1st DCA 1993)). A defendant’s legal status cannot be adjudicated from incompetent to competent without the benefit of a hearing. Samson, 853 So. 2d at 1117 (citing Alexander v. State, 380 So. 2d 1188, 1190 (Fla. 5th DCA 1980)). In Metzgar v. State, 741 So. 2d 1181, 1182 (Fla. 2d DCA 1999), the trial court entered three orders finding that the appellant was incompetent prior to the violation of probation hearing. Following the entry of the three orders but before the probation hearing, the court appointed doct…
• Roman v. State, 163 So. 3d 749 (Fla. 2d DCA 2015)
  …harged. Violation of this principle constitutes fundamental error.” Molina, 946 So. 2d at 1105-06 (citing Jackson, 880 So. 2d 1241). A defendant who is presumptively incompetent cannot waive his right to a competency determination. Metzgar v. State, 741 So. 2d 1181, 1183 (Fla. 2d DCA 1999). The parties did not stipulate to have the trial court decide Roman’s competency on the basis of experts’ reports. Rather, the court improperly assumed that defense counsel had investigated Roman’s competence. See Jones v.…
• Sallee v. State, 244 So. 3d 1143 (Fla. 2d DCA 2018)

Authorities Cited

• Wilson v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999)
• Knapp v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999)