KENNETH CHRISTIAN
v.
STATE OF FLORIDA
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A motion under Florida Rule of Criminal Procedure 3.216(b) for a competency evaluation as a precautionary measure does not require a mandatory competency hearing under Rule 3.210(b).
[1] A motion under Florida Rule of Criminal Procedure 3.216(b) for a competency evaluation as a precautionary measure does not require a mandatory competency hearing under Ru…
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Join FLexlaw to unlock all legal intelligenceKenneth Christian appealed a decision from the Circuit Court for Alachua County regarding a motion for competency evaluation.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D16-1651 _____________________________
KENNETH CHRISTIAN,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________ On appeal from the Circuit Court for Alachua County. David P. Kreider, Judge.
January 22, 2018
PER CURIAM. AFFIRMED. See Atwater v. State, 2018 WL 267081 (Fla. 1st DCA Jan. 2, 2018) (holding that a motion under rule 3.216(b), Fla. R. Crim. P., for a competency evaluation as a “precautionary measure” did not then require “a mandatory competency hearing” under rule 3.210(b), Fla. R. Crim. P.). LEWIS, OSTERHAUS, and BILBREY, JJ., concur.
2
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.