GERALD LEE ROGERS
v.
STATE OF FLORIDA
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Gerald Lee Rogers petitioned for writ of certiorari to challenge an order finding him incompetent to proceed to trial and requiring competency restoration training. The trial court entered the incompetency order based on expert reports without conducting a competency hearing as required by Florida law. The court granted the petition and quashed the order due to the trial court's failure to comply with mandatory procedural requirements.
A trial court must conduct a competency hearing prior to issuing a written order determining whether a defendant is competent to proceed. The trial court's failure to hold such a hearing before adjudging Rogers incompetent constituted fundamental error, requiring the order to be quashed.
[1] A trial court is required by Florida Rule of Criminal Procedure 3.210(b) to conduct a competency hearing prior to issuing a written order determining whether a defendant…
[2] A trial court's failure to hold a mandatory competency hearing before adjudging a defendant incompetent constitutes fundamental error subject to review by petition for wr…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under the plain language of rule 3.210(b), the terms 'shall' and 'immediately' reflect that a hearing is mandatory.”
Citation to Williams v. State regarding the mandatory nature of competency hearings under the rule.
Rogers was adjudged incompetent to proceed to trial and ordered to undergo competency restoration training based on written reports submitted by two e…
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PER CURIAM.
Gerald Lee Rogers filed this petition for writ of certiorari to review an order adjudging him incompetent to proceed to trial and compelling him to undergo competency restoration training. The order was entered based on written reports by two experts "and others." The trial court denied Mr. Roger's motion for a competency hearing. A petition for writ of certiorari is the proper method to seek review of the failure to hold a competency hearing. See Carrion v. State, 859 So. 2d 563, 565 (Fla. 5th DCA 2003).
The State properly concedes that Florida Rule of Criminal Procedure 3.210(b) requires the trial court to conduct a competency hearing prior to issuing a written order determining whether a defendant is competent to proceed. See Simmons v. State, 271 So. 3d 997, 999 (Fla. 4th DCA 2019) (remarking that the State correctly conceded that the trial court's failure to hold a competency hearing and enter a written order was fundamental error); see also Dougherty v. State, 149 So. 3d 672, 677 (Fla. 2014) ("Florida Rules of Criminal Procedure 3.210–3.212 were enacted to set forth the required competency hearing procedures for determining whether a defendant is competent to proceed or has been restored to competency."); Williams v. State, 169 So. 3d 221, 223 (Fla. 2d DCA 2015) ("Under the plain language of rule 3.210(b), the terms 'shall' and 'immediately' reflect that a hearing is mandatory." (citing Dougherty, 149 So. 3d at 677)).
Accordingly, we grant the petition and quash the order adjudging Mr. Rogers incompetent to proceed to trial.
Petition granted; order quashed.
MORRIS, KELLY, and BADALAMENTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Carrion v. State, 859 So. 2d 563 (Fla. 5th DCA 2003)
- Williams v. State, 169 So. 3d 221 (Fla. 2d DCA 2015)
- Simmons v. State, 271 So. 3d 997 (Fla. 4th DCA 2019)