OMAR WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court remanded for determination of whether defendant was competent to proceed at violation hearing, as trial court failed to enter a competency order before conviction.
A trial court must hold a competency hearing and enter an order finding a defendant competent to proceed before conducting a violation hearing, and if no such order appears in the record, the case must be remanded to determine whether a nunc pro tunc competency determination can be made.
[1] A trial court must enter a written order finding a defendant competent to proceed before conducting a violation hearing, and failure to do so requires remand to determine…
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Join FLexlaw to unlock all legal intelligenceAppellant was found incompetent during community control violation proceedings and committed to the Department of Children and Families. Although the …
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During the underlying violation of community control proceedings, appellant was found incompetent and committed to the Department of Children and Families for services. Although the Department notified the court in'July 2012 that appellant no longer met the criteria for continued commitment, appellant was again found incompetent in January 2013. After many status hearings and continuances, the court held a violation hearing, found the defendant guilty, and sentenced him.
The record does not reflect that the trial court held a competency hearing and entered an order finding appellant competent *896to proceed. See Fla. R. Crim. P. 3.212(e)(7). There is some suggestion that an expert may have found appellant competent prior to the violation hearing. We therefore remand the case “to determine whether a nunc pro tunc competency determination can be made.” Bain v. State, 211 So.3d 139, 140 (Fla. 4th DCA 2017). If “the court cannot determine appellant’s competency consistent with due process guarantees,” the court shall vacate the violation convictions and sentence and hold a new hearing. Id.
This case is remanded to the circuit court for further proceedings consistent with this opinion.
Gross, Conner and Kuntz, JJ., concur.
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Citator
Cited By
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MacHin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019)
Authorities Cited
- Bain v. State, 211 So. 3d 139 (Fla. 4th DCA 2017)