JADARION D. JACKSON
v.
STATE

Fla. 5th DCA | 2018-07-23
No. 5D17-1047
43 Fla. L. Weekly D1063 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Cited by 2 cases

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Holding

A trial judge must make an independent determination of competency before accepting a defendant's plea after competency has been allegedly restored.


Headnotes

[1] A trial judge must independently determine a defendant's competency before accepting a plea entered after competency has been allegedly restored.

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Facts & Procedural History

Appellant Jackson entered a plea after his competency was allegedly restored. The trial judge accepted the plea without making an independent determin…

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Opinion of the Court

PER CURIAM.

As the State properly concedes, the record does not support the conclusion that the trial judge made an independent determination of competency before accepting Appellant’s plea entered after his competency was ostensibly restored. Accordingly, we reverse and remand for further proceedings. Bynum v. State, 43 Fla. L. Weekly D1063 (Fla. 5th DCA May 11, 2018); Rumph v. State, 217 So. 3d 1092, 1094 (Fla. 5th DCA 2017).

REVERSED AND REMANDED.

COHEN, C.J., TORPY and EVANDER, JJ., concur.


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