STATE OF FLORIDA
v.
R.L.S., A CHILD
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The State does not bear the burden to prove competency absent a prior adjudication of incompetency.
[1] In the absence of a prior adjudication of incompetency, the burden of proving incompetency does not rest upon the State.
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Court's citation to King v. State, 387 So. 2d 463, 464 (Fla. 1st DCA 1980)
The trial court determined that R.L.S., a child, was incompetent. The State appealed this determination.…
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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
STATE OF FLORIDA,
Appellant,
v. Case No. 5D18-3959
R.L.S., A CHILD,
Appellee.
________________________________/
Opinion filed December 6, 2019
Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge.
Ashley Moody, Attorney General, Tallahassee, and Rebecca
Rock Mcguigan, Assistant Attorney General, Daytona Beach, for Appellant.
James S. Purdy, Public Defender, and George D. E. Burden, Assistant Public Defender, Daytona Beach, for Appellee.
PER CURIAM.
The State appeals an order that determined the child, R.L.S., to be incompetent. Based upon our review of the written order, we agree with the State that the trial court improperly shifted the burden of proof to the State in light of the fact that the child had not previously been declared incompetent. See King v. State, 387 So. 2d 463, 464 (Fla. 1st
2 DCA 1980) (holding that the State does not bear the burden to prove competency absent a prior adjudication of incompetency). Accordingly, we reverse and remand for the trial court to make an independent determination of competency and enter an order with findings consistent with the proper burden of proof.
REVERSED and REMANDED. EVANDER, C.J., and HARRIS and GROSSHANS, JJ., concur.