FRANCISCO RAZURI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-04-21
No. 3D07-2228
Before COPE, CORTINAS, and SALTER, JJ.
126 So. 3d 261 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 3 cases

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Holding

The court held that the trial court did not abuse its discretion by failing to conduct a competency hearing, but a nunc pro tunc order finding competency is required.


Facts & Procedural History

The defendant was convicted and sentenced for attempted second-degree murder. Multiple mental health experts evaluated the defendant's competence and …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Francisco Razuri appeals his conviction and sentence for attempted second degree murder. He asserts error in the trial court’s failure to conduct a competency hearing. We affirm.

The record demonstrates that Razuri’s issue is meritless. The court appointed several mental health experts to evaluate Razuri’s competence at the time of committing the offense and for purposes of standing trial. Thereafter Razuri’s sanity at the time of the offense was evaluated. None of the evaluations concluded that Razuri had any competence or sanity issues.

“Trial courts are to order competency hearings whenever it appears necessary based on the defendant’s history or behavior in court.” Boyd v. State, 910 So.2d 167, 187 (Fla.2005); Fla. R.Crim. P. 3.210(b) (providing court shall order competency hearing if there are reasonable grounds to believe defendant is not mentally competent to proceed). There is no basis to conclude, on the record before us, that the court abused its discretion in not holding such a hearing.1

Affirmed.


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