RAYMOND C. GLEASON
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-12-12
No. 17-1175
259 So. 3d 893 Florida District Court of Appeal, Fourth District (2018) Positive Treatment
Cited by 1 case

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Holding

A trial court's failure to hold a competency hearing and make an independent determination of competency before trial requires reversal and remand for a nunc pro tunc competency hearing.


Headnotes

[1] A trial court has a constitutional duty to hold a competency hearing and make an independent determination of competency before trial, which cannot be waived by the defen…

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Key Quotes

“the trial court failed to hold a competency hearing and make an independent determination of competency before trial”

Court's explanation of the error requiring reversal

Facts & Procedural History

Raymond Gleason was convicted of burglary of a dwelling and dealing in stolen property. The trial court did not conduct a competency hearing or make a…

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Opinion of the Court

PER CURIAM.

Raymond Gleason appeals his convictions and sentences for burglary of a dwelling and dealing in stolen property. We affirm on all issues raised by appellant, except we reverse and remand for a nunc pro tunc competency hearing. As the State concedes, the trial court failed to hold a competency hearing and make an independent determination of competency before trial. See Silver v. State, 193 So. 3d 991, 994 (Fla. 4th DCA 2016). Affirmed in part, Reversed in part, and Remanded. TAYLOR, CIKLIN and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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