MARK ENGLISH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mark English appealed his battery convictions and challenged the trial court's failure to conduct a competency hearing. The court affirmed the double jeopardy challenge but reversed on the competency hearing issue, finding the trial court's failure to hold a mandatory hearing was error.
The trial court committed error by failing to conduct a mandatory competency hearing when reasonable grounds existed. A competency hearing is mandatory when reasonable grounds to believe a defendant is mentally incompetent to proceed exist. The battery convictions do not violate double jeopardy principles because they were predicated on distinct acts occurring during different criminal episodes.
[1] A trial court must hold a competency hearing when there are reasonable grounds to believe a defendant may be incompetent to proceed.
[2] The requirement for a trial court to hold a competency hearing is mandatory if reasonable grounds exist to believe the defendant is not mentally competent to proceed.
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Join FLexlaw to unlock all legal intelligence“"[I]f a 'reasonable ground to believe that the defendant is not mentally competent to proceed' exists, then the requirement that the court hold a hearing is mandatory."”
Establishes the mandatory nature of competency hearings when reasonable grounds exist
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Join FLexlaw to unlock all legal intelligenceEnglish was charged with battery offenses arising from distinct acts during different criminal episodes. The trial court entered an order stating it h…
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Mark English challenges the trial court’s failure to conduct a. competency *1275hearing, as well as his battery convictions under double jeopardy principles. Concerning the battery convictions, the batteries were predicated on distinct acts and occurred during different criminal' episodes. As there is no double jeopardy violation, we affirm as to this issue.
Concerning the failure to conduct a competency hearing, the trial court entered an order, which stated that the court had “reasonable grounds to believe that the Defendant 'may be incompetent to proceed,” appointed an expert' for a competency evaluation, and scheduled a hearing on the issue. However, no competency hearing occurred on that date, and the court did not issue an order determining the defendant competent to proceed to trial. After & trial, Appellant was convicted and sentenced.
The State concedes error, if there were reasonable grounds to conduct a hearing. Here, there were reasonable grounds. Reynolds v. State, 177 So.3d 296, 298 (Fla. 1st DCA 2015) (where “the trial court apparently had reasonable grounds to believe that Appellant was not competent to proceed because the court appointed an expert to evaluate Appellant”). “[I]f a ‘reasonable ground to believe that the defendant is not mentally competent to proceed’ exists, then the requirement that the court hold a hearing is mandatory.” Trueblood v. State, 193 So.3d 1060, 1061 (Fla. 1st DCA 2016). Accordingly, the trial court erred.
On remand, the trial court shall conduct a nunc pro tunc evaluation of the defendant’s competency at the time of the original trial; if unable, a new trial is required. Dougherty v. State, 149 So.3d 672, 679 (Fla. 2014) (stating that a new trial is unnecessary where a retroactive determination of competency is possible); see also Brooks v. State, 180 So.3d 1094, 1095 (Fla. 1st DCA 2015) (“If the trial court fails to hold a competently hearing or enter a written order of competency, reversal is required; however, a new trial, is required only if the trial court is unable to conduct a nunc pro tuna .evaluation of the defendant’s competency at the time of the original trial.”).
AFFIRMED in part; REVERSED in part; REMANDED in part with instructions.
WETHERELL, RAY, and MAKAR, JJ., CONCUR.
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Citator
Cited By
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Alagabara Awolowo v. State, 389 So. 3d 788 (Fla. 1st DCA 2024)
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Brooks v. State, 180 So. 3d 1094 (Fla. 1st DCA 2015)
- Reynolds v. State, 177 So. 3d 296 (Fla. 1st DCA 2015)
- Wilmario Trueblood v. State, 193 So. 3d 1060 (Fla. 1st DCA 2016)