JORGE HUMBERTO RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The trial court erred by failing to formally adjudicate competency before proceeding with the trial after finding the appellant insane.
[1] A trial court must formally adjudicate a defendant's competency before proceeding with a trial on the merits.
[2] A conviction obtained without a formal adjudication of competency following an initial finding of incompetency is erroneous.
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Join FLexlaw to unlock all legal intelligenceAppellant was charged with narcotics violations, found incompetent to stand trial, but then proceeded to trial and conviction without a formal compete…
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Appellant was charged in a three-count information with several narcotics violations. He pleaded not guilty by reason of insanity and waived jury trial. Thereafter, the trial court found the appellant to be insane and incompetent to stand trial, pursuant to § 917.01, Fla.Stat., F.S.A. Subsequently, what was purported to be an incompetency proceeding came on to be heard before the trial court, the result of which was that the appellant was convicted of two counts contained in the information and sentenced accordingly. This appeal ensued and the appellant has preserved several points for review.
The only one we deem pertinent is that the trial court erred in failing to enter a formal adjudication of competency, pursuant to § 917.01, Fla.Stat., F.S.A., prior to proceeding with the trial of the cause. The State concedes that no such order was entered. We therefore reverse the adjudication of guilty under the two counts as charged in the information, vacate the sentences thereon, and return the matter to the trial court for an appropriate order as to the appellant’s competency and thereafter for further proceedings as the trial judge shall direct.
The record reveals that the appellant was adjudicated in direct contempt and sentenced accordingly for acts which occurred in the presence of the court, subsequent to the pronouncement of guilt. In making a determination of the validity of this contempt order and sentence, the date the trial court ultimately determines to be the date of competency of the appellant becomes essential. If said order [nunc pro tunc] determines the competency prior to the incident, the adjudication of contempt and sentence should stand. If the appellant is determined to he competent at a time subsequent to the incident which gave rise to the contempt, then obviously he could not be guilty of contempt and the trial judge should be so governed.
Reversed and remanded, with directions for further proceedings in the trial court not inconsistent with this opinion.
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Alexander v. State, 380 So. 2d 1188 (Fla. 5th DCA 1980)…entered a written order. Appellant relies on Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974), which does indeed construe former Rule 3.210, Fla.R.Crim.P., 1972, as requiring a written order of competency, in turn relying on Rodriguez v. State, 241 So. 2d 194 (Fla. 3rd DCA 1970) as authority for that proposition. Reliance on Rodriguez, however, is misplaced, because Rodriguez merely holds that in a competency hearing the court is required to enter a “formal adjudication” of competency pursuant to § 917.0…
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Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974)…t raised in the briefs, we note the only indication in the record of an adjudication of competency to stand trial is a docket entry that such a finding was made. It is our view that Rule 3.210, RCrP, 33 F.S.A., and Rodriguez v. State, Fla.App. 1970, 241 So. 2d 194, require a written order of the court determining the defendant to be competent to stand trial. Reversed and remanded. CROSS, J., and NANCE, L. CLAYTON, Associate Judge, concur.…
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Flicker v. State, 352 So. 2d 165 (Fla. 1st DCA 1977)…ion of incompetence had not been removed. Until such adjudication is set aside, a defendant is not competent to stand trial, and thus the speedy trial period is not activated. Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974); Rodriguez v. State, 241 So. 2d 194 (Fla. 3rd DCA 1970); and Miller v. State, 332 So. 2d 65 (Fla.1976). The rule to show cause is discharged and the suggestion for writ of prohibition is denied. McCORD, C. J., and SMITH, J., concur.…