RAPHAEL PARCILLA
v.
STATE OF FLORIDA
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A trial court must conduct a hearing and enter a written order finding a defendant competent to proceed before trial, and failure to do so requires reversal and remand.
[1] A trial court must conduct a hearing and enter a written order finding a defendant competent to proceed before trial, as required by Florida Rules of Criminal Procedure 3…
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Join FLexlaw to unlock all legal intelligence“A person accused of an offense . . . who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent.”
Statement of the rule requiring competency determination before proceeding to trial
Parcilla was ordered evaluated for competency, but the trial court did not conduct a hearing before trial or enter a written order regarding his compe…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RAPHAEL PARCILLA,
Appellant,
v. Case No. 5D17-2980
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed November 2, 2018
Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge.
James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Allison
L.
Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM
We reverse due to the trial court’s failure to comply with Florida Rules of Criminal Procedure 3.210(a) and 3.212(c)(7). The trial court ordered that Parcilla be evaluated for competency but failed to conduct a hearing before trial or enter a written order. “A person accused of an offense . . . who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while
2 incompetent.” Fla. R. Crim. P. 3.210(a). “If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed.” Fla. R. Crim. P. 3.212(c)(7). We reverse and remand for the trial court to determine whether it can conduct a nunc pro tunc hearing regarding Parcilla’s competency at the time of trial. See Rumph v. State, 217 So. 3d 1092, 1094–96 (Fla. 5th DCA 2017). If it is possible to do so, and the court determines that Parcilla was competent, then it shall enter a nunc pro tunc written order adjudicating him competent. Id. at 1096. If the court determines that Parcilla was incompetent, or if the court is unable to conduct a hearing, it shall vacate Parcilla’s judgment and sentence. Id. REVERSED and REMANDED WITH INSTRUCTIONS.
COHEN, C.J., EVANDER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elder v. State, 268 So. 3d 995 (Fla. 2d DCA 2019)
-
Elder v. State (Fla. 2d DCA 2019)
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Cookston v. State (Fla. 5th DCA 2020)
Authorities Cited
- Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017)