ERNEST O. DOWNIE, APPELLANT,
v.
DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES, DIVISION OF DRIVER LICENSES OF THE STATE OF FLORIDA, AND FRED O. DICKINSON, EXECUTIVE DIRECTOR DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES AND SANDRA LAMBERT, DIRECTOR DIV. DRIVER LICENSES AND RAFAEL MADRIGAL CHIEF, BUREAU OF ADMINISTRATIVE REVIEWS, DIVISION OF DRIVER LICENSES AND JACK L. BLACKMAN, FIELD HEARING OFFICER, DIVISION OF DRIVER LICENSES, APPELLEES

Fla. 4th DCA | 2003-10-08
No. 4D02-4877
STONE, KLEIN, and MAY, JJ„ concur.
855 So. 2d 283 Florida District Court of Appeal, Fourth District (2003)

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Synopsis

The court affirmed criminal convictions and sentences, finding that the trial court's failure to appoint two experts for a second competency hearing was not preserved and not fundamental error, and that other points raised by the defendant lacked merit.


Holding

The court held that the trial court's failure to appoint two experts for the second competency hearing was not preserved and not fundamental error, thus not mandating reversal.


Facts & Procedural History

Leonardo Gonzalez was convicted of attempted first-degree murder and burglary with assault. After an initial competency evaluation found him competent…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court order on summary judgment, pursuant to stipulation, on the authority of Department of Highway Safety & Motor Vehicles v. Critchfield, 842 So. 2d 782 (Fla.2003), and remand for further proceedings.

STONE, KLEIN, and MAY, JJ„ concur.


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