JAMES E. LONG
v.
STATE OF FLORIDA
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When a trial court fails to conduct a competency hearing within twenty days of ordering a competency evaluation as required by Florida Rule of Criminal Procedure 3.210, remand is required for the trial court to determine whether a nunc pro tunc competency determination is possible.
[1] A trial court violates Florida Rule of Criminal Procedure 3.210 when it fails to conduct a competency hearing within twenty days of ordering a competency evaluation, requ…
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Join FLexlaw to unlock all legal intelligenceJames E. Long appealed his judgment and sentence, arguing that the trial court failed to conduct a competency hearing within twenty days of ordering a…
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KUNTZ, J.
James E. Long raises eight issues in this appeal of his judgment and sentence. Pursuant to Machin v. State, No. 4D17-2787, 2019 WL 1549376 (Fla. 4th DCA Apr. 10, 2019) (en banc), we decline to reach seven of the issues at this time.
Long argues the circuit court reversibly erred when it failed to conduct a competency hearing within twenty days of ordering a competency evaluation in accordance with Florida Rule of Criminal Procedure 3.210. The State concedes a competency hearing should have been held and argues remand is appropriate for a nunc pro tunc competency determination.
Consistent with Machin, we remand this case. Within sixty days, we direct the circuit court to hold a hearing and make a written determination as to whether a nunc pro tunc determination of Long’s competency is possible. There are multiple potential paths on remand. Depending on the outcome of the circuit court’s determination, the circuit court shall proceed with one of the paths outlined in this Court’s en banc opinion in Machin, 2019 WL 1549376, at *3.
Remanded. GERBER, C.J., and TAYLOR, J., concur. * * * Not final until disposition of timely filed motion for rehearing.