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Samson v. State

District Court of Appeal of Florida, Fourth District
Sep 10, 2003
853 So. 2d 1116 (Fla. Dist. Ct. App. 2003)

Summary

holding that the trial court failed to conduct the required hearing to determine whether the appellant had been restored to competence and noting that, because the court did not take the testimony of any of the examining physicians and did not enter a written order stating that the appellant had been restored to competence, the appellant remained incompetent and could not enter valid pleas

Summary of this case from Jackson v. State

Opinion

Case No. 4D01-2675

Opinion filed September 10, 2003

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case Nos. 97-22324 CF10A 97-5839 CF10A.

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, Laurel R. Wiley and Marrett W. Hanna, Assistant Attorneys General, West Palm Beach, for appellee.


We have for review the pleas and sentences in this case. Elizar Samson ("Samson") argues that his nolo contendere pleas were improperly accepted because he was incompetent at the time. We agree and reverse.

Samson was charged with eight counts of robbery with a deadly weapon. He was then adjudicated incompetent to proceed and institutionalized for treatment. At a later hearing, he pled nolo contendere to the counts charged and was sentenced to thirty-one year concurrent sentences of imprisonment on all counts. Prior to entering these pleas, no hearing was held adjudicating Samson's legal status from incompetent to competent.

Florida Rule of Criminal Procedure 3.210(a) provides:

A person accused of an offense or a violation of probation or community control who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent.

An individual adjudicated incompetent is presumed to remain incompetent until adjudicated restored to competence. Alexander v. State, 380 So.2d 1188, 1189 (Fla. 5th DCA 1980) (citing Corbin v. State, 176 So. 435 (1937)). Furthermore, "the legal status of a defendant cannot be adjudicated from incompetent to competent without a hearing." Id. at 1190.

Contrary to the State's contention, the required hearing to determine whether Samson had been restored to competence did not occur. Florida Rule of Criminal Procedure 3.212 sets forth the required competency hearing procedures for determining whether a defendant previously adjudicated incompetent has been restored to competence. See Mora v. State, 814 So.2d 322, 333 (Fla. 2002) (indicating that where a defendant's competence is once questioned, Florida Rules of Criminal Procedure 3.210, 3.211, and 3.212 apply if his competence is again questioned). These procedures include the calling of court-appointed expert witnesses designated under Florida Rule of Criminal Procedure 3.211, a determination of competence to proceed, and the entry of an order finding competence. See Fla. R.Civ.P. 3.212.

In the present case, the trial judge did not take the testimony of any of the examining physicians and did not enter a written order stating that Samson was restored to competence. Therefore, he remained incompetent to proceed and could not enter valid pleas. See Godinez v. Moran, 509 U.S. 389, 396 (1993); Catinella v. State, 732 So.2d 444, 445 (Fla. 4th DCA 1999).

REVERSED AND REMANDED for further proceedings consistent with this opinion.

GUNTHER, KLEIN and GROSS, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Samson v. State

District Court of Appeal of Florida, Fourth District
Sep 10, 2003
853 So. 2d 1116 (Fla. Dist. Ct. App. 2003)

holding that the trial court failed to conduct the required hearing to determine whether the appellant had been restored to competence and noting that, because the court did not take the testimony of any of the examining physicians and did not enter a written order stating that the appellant had been restored to competence, the appellant remained incompetent and could not enter valid pleas

Summary of this case from Jackson v. State

concluding defendant “remained incompetent to proceed and could not enter valid pleas” because the trial court failed to “take the testimony of any of the examining physicians and did not enter a written order stating that [the defendant] was restored to competence”

Summary of this case from Bylock v. State

In Samson v. State, 853 So.2d 1116 (Fla. 4th DCA 2003), we held that "[a]n individual adjudicated incompetent is presumed to remain incompetent until adjudicated restored to competence."

Summary of this case from Dortch v. State
Case details for

Samson v. State

Case Details

Full title:ELIZAR SAMSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 10, 2003

Citations

853 So. 2d 1116 (Fla. Dist. Ct. App. 2003)

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