TOMMY PERRY MOORE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016)
  …etermination is not possible in this case, it must hold a new trial, as long as Appellant is and remains competent on remand. REVERSED and REMANDED with instructions. WETHERELL and KELSEY, JJ., concur. . Although our precedent in Thomas v. State, 894 So. 2d 1000 (Fla. 1st DCA 2005), would dictate a different holding, it has been superseded by Dougherty.…
• Sheheane v. State, 228 So. 3d 1178 (Fla. 1st DCA 2017)
  …ly, we observe that the better practice is to file a compliant written motion to raise the process to the appropriate level of attention and to create a complete record. . The State misplaces its reliance on our earlier decision in Thomas v. State, 894 So. 2d 1000 (Fla. 1st DCA 2005). In Zern, we expressly found that Dougherty superseded Thomas. Zern, 191 So. 3d at 965 n.1.…
• Reynolds v. State, 177 So. 3d 296 (Fla. 1st DCA 2015)
  …a competency hearing by not specifically requesting a hearing and by continuing with the plea hearing despite his counsel still having concerns with Appellant’s competency. In support of this position, the State relies primarily on Thomas v. State, 894 So. 2d 1000 (Fla. 1st DCA 2005), and Hatchett v. State, 328 So. 2d 874 (Fla. 1st DCA 1976). We find those cases distinguishable. In Thomas, defense counsel questioned the defendant’s competency, and the trial court appointed two experts and scheduled a hearing…