JAMES JULIOUS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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James Julious appeals his rape conviction and life sentence, arguing the trial court erred in finding him competent to stand trial given his history of mental incompetence and subsequent deterioration after conviction. The appellate court affirmed, holding that the trial court properly followed competency procedures and that post-trial incompetence does not retroactively invalidate a competency finding at the time of trial.
The trial court did not err in finding Julious competent to stand trial. The procedures established in CrPR 1.210 were complied with, and based on the medical evidence presented, the trial court properly ordered defendant to stand trial. Post-trial incompetence is unrelated to mental competence at the time of trial.
[1] A trial court complies with competency to stand trial procedures when it follows established rules and bases its decision on presented medical evidence.
[2] A defendant's subsequent declaration of incompetence after a trial does not retroactively invalidate a prior finding of competency to stand trial, provided proper procedu…
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Join FLexlaw to unlock all legal intelligence“Unrelated to defendant's mental competence at time of trial is the fact that following the trial defendant was again declared to be incompetent.”
Establishes the key legal principle that post-trial incompetence does not invalidate a competency finding made before or at the time of trial.
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Join FLexlaw to unlock all legal intelligenceJulious was indicted for rape and pleaded not guilty. He was examined by psychiatrists and initially found incompetent to stand trial, then committed …
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Defendant, James Julious, seeks review of a judgment and sentence and an amended order on judgment and sentence entered against him in a prosecution for rape.
Defendant was indicted for rape and he entered a plea of not guilty. Pursuant to a defense motion, defendant was examined by two psychiatrists to determine his mental condition and competency to stand trial. As a result of the examination defendant was found to be incompetent to stand trial *808and he was committed to a state mental hospital. One year after defendant’s entry into the hospital he was given another examination and was still found to be incompetent. Approximately one year from this last examination and after two years of treatment, two psychiatrists were appointed to reevaluate defendant’s mental condition. The completed report submitted by these doctors stated that defendant was aware of the nature of the charges against him and that he was able to assist in his defense. At this time, in view of his recovery, defendant was released from the hospital and placed on trial. The jury found him guilty of rapé with a recommendation of mercy and trial court sentenced him to-life imprisonment. Subsequently defendant’s mental condition deteriorated until he was again declared to be incompetent. In response to defendant’s impairment, an amended order was entered directing that defendant be.remanded to the Division of Mental Health for confinement at Chattahoochee until he was declared competent.
The principal issue raised by defendant urges that the trial court, in view of defendant’s medical history and the fact that after the trial he was again found to be incompetent, committed error in finding defendant competent to stand trial. We find, however, that this argument is without substantial merit to warrant a reversal.
The procedures established in CrPR 1.210, 33 F.S.A., concerning the competence of a defendant to stand trial were complied with by the trial court. Brown v. State, Fla.1971, 245 So.2d 68. Additionally, based upon the medical evidence presented, the trial court properly ordered defendant to stand trial. Unrelated to defendant’s mental competence at time of trial is the fact that following the trial defendant was again declared to be incompetent.
Other issues raised by defendant have been considered and are found to be without merit. Accordingly, the order appealed is affirmed.
Affirmed.
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Odell Aaron Hicks v. State, 362 So. 2d 730 (Fla. 3d DCA 1978)…d sentence. Appellant’s first point questions the correctness of the trial court’s order finding him competent to stand trial. Our review of this record convinces us that the evidence fully supports the trial judge’s decision. See Julious v. State, 271 So. 2d 807 (Fla. 3d DCA 1973). See also Brown v. State, 245 So. 2d 68 (Fla.1971). The second point presented urges error upon the court’s denial of appellant’s motion for a mistrial because a witness made a reference to the possibility that there was another…
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Morejon v. State, 394 So. 2d 1100 (Fla. 3d DCA 1981)…to stand trial, the record does support the trial court’s determination that the preponderance of the evidence established that the defendant was legally competent to stand trial.1 Pressley v. State, 261 S.2d 522 (Fla.3d DCA 1972); Julious v. State, 271 So. 2d 807 (Fla.3d DCA 1973); Rojas v. State, 296 So. 2d 627 (Fla.3d DCA 1974). (2) There was no error in admitting into evidence testimony that the defendant was a drug dealer, nor was it error to refuse to grant a mistrial with regard to this matter. The tes…
Authorities Cited
- Brown v. State, 245 So. 2d 68 (Fla. 1971)