WILSON RIVERA
v.
STATE OF FLORIDA
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A trial court errs by denying a motion to withdraw a plea and proceeding with trial when there are legitimate doubts regarding a defendant's competency.
[1] When a trial court is presented with legitimate doubts regarding a defendant's competency to stand trial, it must address the competency issue before proceeding with tria…
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Join FLexlaw to unlock all legal intelligenceWilson Rivera appealed from a trial court's denial of his motion to withdraw a guilty plea in a criminal case. The trial court proceeded with trial wi…
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CONFESSION OF ERROR PER CURIAM. On appeal, appellant argues the trial court erred by denying his motion to withdraw a plea because the trial judge did not properly address appellant’s competency. Based on the State’s proper confession of error, we agree. First, appellant preserved the issue for appellate review. See State v. Dortch, 317 So. 3d 1074 (Fla. 2021). Second, we agree that the trial court erred by moving forward with trial when there were legitimate doubts regarding appellant’s competency. See Finkelstein v. State, 574 So. 2d 1164, 1169 (Fla. 4th DCA 1991); Pacheco v. State, 114 So. 3d 1107, 1108 (Fla. 2d DCA 2013). Therefore, we reverse the trial court’s order denying the motion to vacate the plea and remand for further proceedings on the issue of competency. See Manchin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019). Reversed and remanded with instructions. CIKLIN, GERBER, and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Javaughn Skinkle v. State (Fla. 5th DCA 2022)
- MacHin v. State, 267 So. 3d 1098 (Fla. 4th DCA 2019)
- Finkelstein v. State, 574 So. 2d 1164 (Fla. 4th DCA 1991)
- Pacheco v. State, 114 So. 3d 1107 (Fla. 2d DCA 2013)