TIMOTHY JONES
v.
STATE OF FLORIDA
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A trial cannot proceed when the defendant was found incompetent over a year before trial and no subsequent order of competency restoration appears in the record.
[1] When a defendant is found incompetent to proceed, a trial court may not proceed with adjudication unless the record contains a subsequent order finding the defendant comp…
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Join FLexlaw to unlock all legal intelligenceTimothy Jones was convicted of possession of cocaine and paraphernalia. Approximately a year and a half before trial, Jones was found incompetent to p…
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Timothy Jones appeals his convictions for possession of cocaine and paraphernalia. We reject his argument that the trial court erred in denying a motion to suppress. However, because Jones was found incompetent to proceed a year and a half before his trial, and the record does not contain a subsequent order finding him competent, we reverse and remand for further proceedings consistent with this Court’s opinion in Cotton v. State, 177 So. 3d 666, 668-69 (Fla. 1st DCA 2015).
REVERSED and REMANDED.
RAY, MAKAR, and WINSOR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.