IN THE INTEREST OF D.W., E.W., D.W., E.W., E.M., AND M.M., MINOR CHILDREN. A.G., APPELLANT,

v.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND GUARDIAN AD LITEM PROGRAM, APPELLEES

Citator

Cited By

• Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
  …eview of the decision of the Fifth District Court of Appeal in Dougherty v. State, 96 So. 3d 984 (Fla. 5th DCA 2012), on the ground that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in Macaluso v. State, 12 So. 3d 914 (Fla. 4th DCA 2009), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash in part the Fifth District’s decision in Dougherty and approve Macaluso to the extent it is consistent with this…

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• Presley v. State, 199 So. 3d 1014 (Fla. 4th DCA 2016)
  …, 149 So. 3d at 678. This is because “a defendant’s stipulation to his own competency does not absolve the trial court from its duty to independently make a determination of a defendant’s competency to proceed.” Id. at 673; accord Macaluso v. State, 12 So. 3d 914, 915 (Fla. 4th DCA 2009) (holding that the trial court improperly decided the competency issue where defense counsel advised the court that the defendant’s competency had been restored, and the trial courfr-without further hearing or evidence — decl…
• Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017)
  …tent, a hearing is necessary to overcome the presumption of incompetency and find the defendant competent. See Presley v. State, 199 So. 3d 1014 (Fla. 4th DCA 2016) (quoting Roman v. State, 163 So. 3d 749, 751 (Fla. 2d DCA 2015)); Macaluso v. State, 12 So. 3d 914, 915 (Fla. 4th DCA 2009) (citing Abreu-Gutierrez v. James, 1 So. 3d 262 (Fla. 4th DCA 2009)). If the trial court finds that the defendant is competent to proceed, it must enter a written order adjudicating the defendant competent. Fla. R. Crim. P. 3…