EDWARD D. WALKER
v.
STATE OF FLORIDA
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A trial court commits fundamental error by accepting a defendant's guilty plea without conducting a competency hearing or making an individualized competency finding when the defendant's attorney has requested competency evaluation and the court has appointed an expert.
[1] When a defendant's attorney requests a competency evaluation and the trial court appoints an expert, the trial court must conduct a competency hearing and make an individ…
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Join FLexlaw to unlock all legal intelligenceEdward Walker pleaded nolo contendere to grand theft of a motor vehicle. Walker's attorney requested a competency evaluation and the trial court appoi…
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October 3, 2019 PER CURIAM.
Edward Walker appeals his judgment and sentence after entering a nolo contendere plea to a charge of grand theft of a motor vehicle. Walker claims that the trial court committed fundamental error by failing to conduct a competency hearing after his attorney requested a competency evaluation and the trial court appointed an expert, as well as failing to make an individualized finding as to his competency, before the trial court accepted Walker’s plea. We agree and reverse. Sheheane v. State, 228 So. 3d 1178, 1180 (Fla. 1st DCA 2017).
On remand, the trial court must address competency. Id. at 1181. If the evidence that existed previously supports a finding
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that Walker was competent at the time of the plea, the trial court may decide competency, nunc pro tunc, with no change in the judgment. Id. However, if the trial court cannot make a retroactive competency determination or it finds that Walker is incompetent, the trial court must vacate Walker’s plea and set the case for trial. Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
REVERSED and REMANDED with instructions.
WOLF, KELSEY, and WINOKUR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.