JUNIOR JOSEPH
v.
STATE
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Where a trial court appoints experts to evaluate a defendant's competency and holds a competency hearing but fails to enter an order adjudicating the defendant competent, appellate counsel is ineffective for not raising this issue on direct appeal.
[1] Appellate counsel is ineffective for failing to raise on direct appeal a trial court's failure to enter a formal order adjudicating a defendant competent to stand trial,…
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Join FLexlaw to unlock all legal intelligenceJunior Joseph, proceeding pro se, filed a habeas corpus petition regarding his trial. The trial court had appointed experts to evaluate Joseph's compe…
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PER CURIAM.
It appears from the record that a question was raised regarding Petitioner’s competency to proceed to trial. Although the record indicates that the trial court appointed experts to evaluate Petitioner and held a competency hearing, it did not enter an order adjudicating Petitioner competent. On the face of the record, appellate counsel was ineffective for not addressing this issue in Petitioner’s direct appeal. Accordingly, we grant the petition for writ of habeas corpus and remand this cause to the trial court to attempt to make a retroactive competency determination, if possible, or, failing which, to grant Petitioner a new trial once he is competent to proceed. See Camacho v. State, 225
So. 3d 272 (Fla. 4th DCA 2017).
We deny the petition as to all other grounds.
PETITION GRANTED and CASE REMANDED.
SAWAYA, ORFINGER and TORPY, JJ., concur.