JAMES WILLIAMS
v.
STATE OF FLORIDA
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When the State confesses error regarding defendant's trial competency, the case must be reversed and remanded for a competency hearing and nunc pro tunc determination of competency.
[1] When the State confesses error regarding a defendant's competency to stand trial, a trial court must conduct a competency hearing and, if possible, make a nunc pro tunc d…
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Join FLexlaw to unlock all legal intelligenceJames Williams was convicted in the Circuit Court for Sumter County. The State subsequently confessed error concerning whether Williams was competent …
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PER CURIAM.
Based upon the State’s proper confession of error, we reverse and remand for a competency hearing and a nunc pro tunc determination, if possible, as to whether Appellant was competent to proceed to trial. See 254 So. 3d 1131, 1132 (Fla. 5th DCA 2018). If the court finds that Appellant was competent at the time of trial, it must enter a nunc pro tunc order memorializing that finding with no change in the judgment or sentence. Yancy, 280 So. 3d at 1113. If a retroactive determination is not possible, or if the court finds that Appellant was incompetent, Appellant will be entitled to a new trial if and when competent to proceed. Id. at 1113–14. REVERSED and REMANDED with Instructions.
WALLIS, HARRIS AND SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ellis v. State (Fla. 1st DCA 2021)…appellate courts consistently reverse competency findings when it is not clear from the record whether the trial court read the expert reports before accepting a stipulation of a defendant’s competency based on those reports.”); Yancy v. State, 280 So. 3d 1112, 1113 (Fla. 5th DCA 2019) (remanding for a nunc pro tunc competency determination because it was unclear from the record whether the trial court read the expert’s evaluation and made an independent determination). 7 Even so, Ellis argues t…
Authorities Cited
- Yancy v. State, 280 So. 3d 1112 (Fla. 5th DCA 2019)
- Mann v. State, 254 So. 3d 1131 (Fla. 5th DCA 2018)