Tampa Criminal Lawyer Blog
When a defendant’s mental competence is in question, Florida law requires trial courts to make an independent determination before allowing a case to proceed. Competency proceedings safeguard a defendant’s constitutional right to a fair trial, and failure to follow these procedures can result in a conviction being overturned. A recent ruling issued by a Florida court in a theft case demonstrates how critical these protections are and illustrates the consequences when trial courts fail to properly address competency concerns. If you are facing criminal charges and have questions about your rights, it is critical to speak to a Tampa criminal defense lawyer promptly.
History of the Case
It is reported that the defendant was charged with grand theft auto. Before trial, the court appointed an expert to evaluate the defendant’s competence to proceed. This appointment was made after reasonable concerns were raised regarding the defendant’s mental condition. The record showed that the trial court had sufficient grounds to question whether the defendant fully understood the proceedings or could adequately assist in his defense.
It is alleged that despite appointing an expert, the trial court did not make an independent determination of the defendant’s competence before allowing the case to move forward. The case proceeded to trial, and the defendant was convicted and sentenced for grand theft auto. Following his conviction, the defendant argued that the trial court’s failure to make a required finding on his competency constituted fundamental error.
Review of Competency Determinations
On appeal, the court reviewed whether the trial court’s omission required reversal. In doing so, the court emphasized that when reasonable grounds exist to question a defendant’s competency, the trial court must make its own finding, independent of expert evaluations, before proceeding. This rule stems from both constitutional due process requirements and Florida precedent, including Carnley v. State, where the appellate court clarified that failing to make such a determination constitutes fundamental error.
Ultimately, the court concluded the trial court had ample basis to question the defendant’s competency, as reflected in the record, but did not fulfill its legal obligation to make an independent ruling. Because the law views this failure as a fundamental error, reversal was required.
Ultimately, the court reversed the defendant’s conviction and remanded the case. The court directed the trial court to conduct a nunc pro tunc competency determination, which means the court must assess whether the defendant was competent at the time of trial. If such a determination cannot be made reliably, the trial court must grant the defendant a new trial.
Confer with a Tampa Criminal Defense Attorney
Competency issues arise more often than many defendants realize, particularly when mental health concerns intersect with serious criminal charges. Florida law provides clear protections to ensure that no defendant is tried or convicted while incompetent, but these protections must be properly invoked and enforced. If you are facing prosecution and questions of competency or mental health are involved, the assertive Tampa criminal defense attorneys at Hanlon Law are ready to fight for your rights. Call our Tampa office today at 813-228-7095 or complete our online contact form to schedule a confidential consultation.