DAVID S. CRAMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Cramer appeals his convictions for drug possession, possession of drug paraphernalia, and escape, arguing he was deprived of due process when the trial court failed to make an independent finding of his competency to stand trial. The court agrees and remands for a proper competency hearing.
The trial court fundamentally erred in failing to make an independent competency determination. Written expert reports are advisory only, and the trial court cannot accept stipulations to the ultimate issue of competency, even when all experts opine the defendant is competent. An independent competency finding is a due process right that cannot be waived.
[1] A trial court must make an independent determination of a defendant's competency to proceed to trial, even when expert reports indicate competency and parties stipulate t…
[2] Written expert reports on a defendant's competency are advisory only and do not relieve the trial court of its duty to make an independent finding.
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Join FLexlaw to unlock all legal intelligence“Because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally erred in failing to make such a finding.”
Establishes that competency determinations are non-waivable due process rights
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Join FLexlaw to unlock all legal intelligenceBefore trial, two court-appointed experts submitted written reports indicating Cramer was competent. At a hearing, defense counsel stated the experts …
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ORDER RELINQUISHING JURISDICTION
David Cramer appeals from his convictions for possession of a controlled substance, possession of drug paraphernalia, and escape. He argues that he was deprived of due process because the trial court failed to make an independent find-*1029mg that he was competent to proceed to trial. We agree and relinquish jurisdiction to the trial court for further proceedings consistent with this order.
Before trial, two court-appointed experts submitted written reports indicating Cramer was competent. At a hearing that followed, defense counsel stated the experts found Cramer competent and “we are in a position that we are proceeding toward the trial.” The trial court made no oral findings regarding Cramer’s competency. The State offered to prepare a proposed competency order and although the trial court apparently agreed, there is no competency order in the record.
The rules of criminal procedure require the trial court to hold a hearing when the court has reasonable grounds to question the defendant’s competency. Dougherty v. State, 149 So.3d 672, 677 (Fla. 2014) (citing Fla. R. Crim. P. 3.210(b)). A proper competency hearing generally requires testimony from court-appointed expert witnesses, but where the parties and the trial court agree, the court “may decide the issue of competency on the basis of the written reports alone.” Id. at 677-78 (quoting Fowler v. State, 256 So.2d 513, 515 (Fla. 1971)); accord Roman v. State, 163 So.3d 749, 751 (Fla. 2d DCA 2015) (“If the parties agree, the trial court can make its competency determination based solely on experts’ reports.”). However, the written reports are advisory only. Dougherty, 149 So.3d at 678. The trial court is required to make an independent determination of competency. Id. Furthermore, the trial court is not permitted to accept stipulations to the ultimate issue of competency, “even when all the experts have opined that the defendant is competent, as other evidence may indicate incompetence.” Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty, 149 So.3d at 678).
The record shows the trial court failed to conduct a proper competency hearing. Instead, the trial court accepted a stipulation of competence from defense counsel without making an independent determination that Cramer was competent to proceed to trial. See Dougherty, 149 So.3d at 678. “Because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally erred in failing to make such a finding.” Zern, 191 So.3d at 965.
The failure to hold a proper competency hearing or enter a written competency order does not always require vacation of the defendant’s judgment and sentence. See Fowler, 255 So.2d at 515. It is possible to retroactively determine competency provided it can be done in a manner that assures a defendant due process of law. Dougherty, 149 So.3d at 679 (citing Mason v. State, 489 So.2d 734, 737 (Fla. 1986)). Accordingly, we relinquish jurisdiction to the trial court for sixty days from the date of this order and direct the trial court to conduct a new competency hearing following the procedure set forth by the supreme court in Fowler.
CRENSHAW and BLACK, JJ., Concur.
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Moulton v. State, 230 So. 3d 934 (Fla. 2d DCA 2017)…been restored to competency before it accepted her plea to the reduced charge. Because it is not clear that the trial court made an independent finding of competency, we relinquish jurisdiction for sixty days, as we recently did in Cramer v. State, 213 So. 3d 1028 (Fla. 2d DCA 2017), for the trial court to conduct a new competency hearing. Moulton’s competency was a recurring issue after she was arrested and charged with one count of principal to second-degree murder with a firearm in May 2014. [*936] She wa…
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Golloman v. State, 226 So. 3d 332 (Fla. 2d DCA 2017)…es the trial court from making an independent determination regarding a defendant’s competency to stand trial.” Dougherty, 149 So. 3d at 678. This is so even when the expert reports are in agreement as to the defendant’s competency. Cramer v. State, 213 So. 3d 1028, 1029 (Fla. 2d DCA 2017). Once a reason for a competency hearing has arisen, the defendant has a due process right to an independent finding of competency. Zern, 191 So. 3d at 965. This right cannot be waived, and a trial court’s failure to make su…
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Carrion v. State, 235 So. 3d 1051 (Fla. 2d DCA 2018)…finding of ---PAGE 2--- competency or issuing a written order on competency. Therefore, we relinquish jurisdiction for sixty days, as we recently did in Moulton v. State, 42 Fla. L. Weekly D2434 (Fla. 2d DCA Nov. 15, 2017), and Cramer v. State, 213 So. 3d 1028 (Fla. 2d DCA 2017), for the trial court to conduct a new competency hearing. Factual Background The State charged Mr. Carrion with two counts of sexual battery on a person less than twelve years old. See § 794.011(2)(a), Fla. Stat. (2012). His…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Mason v. State, 489 So. 2d 734 (Fla. 1986)
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016)
- Roman v. State, 163 So. 3d 749 (Fla. 2d DCA 2015)
- ABC Liquor Stores, Inc. v. Carter, 256 So. 2d 513 (Fla. 1972)
- Bill Currie Ford, Inc. v. Cash, 256 So. 2d 513 (Fla. 1972)