DILLON JAMES GRESHAM
v.
STATE OF FLORIDA
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A trial court must hold a hearing and enter an order to determine a defendant's competency when a suggestion of mental incompetency is filed, and failure to do so requires remand for retroactive competency evaluation.
[1] A trial court must hold a hearing and enter an order to determine a defendant's competency to stand trial when a suggestion of mental incompetency is filed by counsel.
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Join FLexlaw to unlock all legal intelligence“If the trial court finds that [the defendant] was incompetent or that a retrospective determination is not possible in this case, it must hold a new trial, as long as [the defendant] is and remains competent on remand.”
Standard for remand proceedings in competency cases
Dillon James Gresham was convicted of first-degree murder and grand theft. After his public defender filed a suggestion of mental incompetency to stan…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DILLON JAMES GRESHAM,
Appellant,
v. Case No. 5D18-124
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 30, 2019
Appeal from the Circuit Court for Marion County, Willard Pope, Judge.
James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Dillon James Gresham appeals his judgment and sentence for first-degree murder and grand theft. Gresham contends that the trial court erred by not holding a hearing or entering an order to determine his competency after his public defender filed a suggestion
2 of mental incompetency to stand trial.1 The State concedes error. We agree and remand for the trial court to conduct a retroactive competency evaluation based upon the existence of evaluations performed contemporaneous to trial. "If the trial court finds that [the defendant] was incompetent or that a retrospective determination is not possible in this case, it must hold a new trial, as long as [the defendant] is and remains competent on remand." Mann v. State, 254 So. 3d 1131, 1132 (Fla. 5th DCA 2018) (quoting Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016)).
AFFIRMED in Part; REVERSED in Part; and REMANDED with Instructions.
WALLIS, EISNAUGLE and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975)
- Zern v. State, 191 So. 3d 962 (Fla. 1st DCA 2016)