PEDRO JUAN ALCAZAR, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PEDRO JUAN ALCAZAR, PETITIONER,
STATE OF FLORIDA, RESPONDENT
201 So. 3d 838
Florida District Court of Appeal, First District (2016)
Positive Treatment
Cited by 1 case
Topics
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Opinion of the Court
The petition alleging ineffective assistance of appellate counsel is granted. We reverse petitioner’s judgment and sentence, and remand for the trial court to hold a nunc pro tunc hearing to determine petitioner’s competency to stand trial.' See Thomas v. State, 189 So.3d 331 (Fla. 1st DCA 2016); Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015). As in Brooks:
If there is evidence that existed previously which supports a finding that [petitioner] was competent at the time of trial, the court may make a determination of competency, nunc pro tunc, with no change in the judgment. However, if the court cannot make a retroactive determination, it must properly adjudicate [petitioner’s] present competency and, if [petitioner] is competent to proceed, conduct a new trial.
Brooks, 180 So.3d at 1096 (citations omitted).
ROBERTS, C.J., MAKAR and BILBREY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alcazar v. State (Fla. 1st DCA 2019)
Authorities Cited
- Brooks v. State, 180 So. 3d 1094 (Fla. 1st DCA 2015)
- Javarious R. Thomas v. State, 189 So. 3d 331 (Fla. 1st DCA 2016)