Ronald Pak Zern v. State of Florida, 191 So. 3d 962 (Fla. 1st DCA 2016). · Go Syfert
Ronald Pak Zern v. State of Florida, 191 So. 3d 962 (Fla. 1st DCA 2016). Cases Citing This Book View Copy Cite
126 citation events (126 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Abel Navarro v. State of Florida (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally errs in failing to make such a finding.
examined Cited as authority (verbatim quote) Alagabara Awolowo v. State of Florida (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally erred in failing to make such a finding.
examined Cited as authority (verbatim quote) JAMES ANTHONY JONES vs STATE OF FLORIDA (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally erred in failing to make such a finding.
examined Cited as authority (verbatim quote) RUKSHAN GOONEWARDENA vs STATE OF FLORIDA (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally errs in failing to make such a finding.
examined Cited as authority (verbatim quote) Roger N. Rosier v. State of Florida (7×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
a criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial.
discussed Cited as authority (verbatim quote) Travis Thurston v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
once the court has reasonable grounds to question the defendant's competency, the court has no choice but to conduct a hearing to resolve the question.
discussed Cited as authority (verbatim quote) Ronald Pak Zern v. State of Florida (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the court finds that appellant was competent at the time of trial, it must enter a nunc pro tunc written order memorializing this finding with no change in the judgment.
examined Cited as authority (quoted) Joseph Chester v. State of Florida (3×) also: Cited as authority (rule), Cited "see"
Fla. Dist. Ct. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
accep-tance of a stipulation is improper even when all the experts have opined that the defendant is competent, as other evidence may indicate incompetence.
discussed Cited as authority (rule) Daniel J. Davis v. State of Florida
Fla. Dist. Ct. App. · 2024 · confidence medium
See Diamond v. State, 344 So. 3d 529 , 530 (Fla. 1st DCA 2022); Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016). ∗ If the court finds that Davis was competent at the time of trial, it must enter a nunc pro tunc order memorializing that finding with no change in the judgment or sentence.
discussed Cited as authority (rule) TORYANNI M. NELSON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · confidence medium
"A criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial." Zern 2 v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016); see also Drope v. Missouri, 420 U.S. 162, 172 (1975) ("[T]he failure to observe procedures adequate to protect a defendant's right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.").
discussed Cited as authority (rule) TORYANNI M. NELSON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · confidence medium
"A criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial." Zern 2 v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016); see also Drope v. Missouri, 420 U.S. 162, 172 (1975) ("[T]he failure to observe procedures adequate to protect a defendant's right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.").
discussed Cited as authority (rule) Jennifer Ellis v. State of Florida (2×)
Fla. Dist. Ct. App. · 2021 · confidence medium
Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
discussed Cited as authority (rule) Jontez L. Anderson v. State of Florida
Fla. Dist. Ct. App. · 2020 · confidence medium
“According to Florida Rule of Criminal Procedure 3.210(b) and case law, once the court has reasonable grounds to question the defendant’s competency, the court has no choice but to conduct a hearing to resolve the question.” Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016).
discussed Cited as authority (rule) Jamar Glenn Williams v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
“Because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally err[s] in failing to make such a finding.” Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016); see also Blaxton v. State, 188 So. 3d 48 , 48–49 (Fla. 1st DCA 2016) (reversing for further proceedings where, although it was undisputed that a competency evaluation occurred, the report had not been filed in the trial court and the record did not reflect that “the requirements of judicial review and adjudication of com…
cited Cited as authority (rule) Edward D. Walker v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
cited Cited as authority (rule) Dana Peterson v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Weekly D2059 (Fla. 1st DCA Aug. 13, 2019); Robinson v. State, 250 So. 3d 777, 778 (Fla. 1st DCA 2018); Zern v. State, 191 So. 3d 962, 964-65 (Fla. 1st DCA 2016).
discussed Cited as authority (rule) A.D.H., A Child v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
“Because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally err[s] in failing to make such a finding.” Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016); see also A.L.Y. v. State, 212 So. 3d 399, 402 (Fla. 4th DCA 2017) (noting that “the procedural rules governing competency determinations in juvenile cases parallel the procedural rules in the adult criminal cases”).
discussed Cited as authority (rule) Haley Bowden v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Once a court has reasonable grounds to question a defendant’s competency, the court “has no choice but to conduct a hearing to resolve the question.” Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016).
cited Cited as authority (rule) Jakobie Milton v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Sheheane, 228 So. 3d at 1181 ; Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
cited Cited as authority (rule) WILLIAM ALLEN KING v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
This right cannot be waived, and a trial court's failure to make such a finding constitutes fundamental error." (citation omitted) (citing Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016))).
examined Cited as authority (rule) Keith Matthew McCray v. State of Florida (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2019 · confidence medium
Based on the report and the State’s stipulation, Mr. McCray is found to be competent to assist his attorney and proceed to trial, proceed through including the trial. 7 competence or incompetence.” Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016) (emphasis added).
discussed Cited as authority (rule) Pamela Denise Boren v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
Once a court “has reasonable grounds to question the defendant’s competency, the court has no choice but to conduct a hearing to resolve the question.” Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016); see also Fla. R.
discussed Cited as authority (rule) Losada v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
See, e.g., Rumph, 217 So. 3d at 1095-96 (“One requirement of a proper [competency] hearing is that the trial court actually reviews the expert reports and other evidence.”); Presley v. State, 199 So. 3d 1014, 1018-19 (Fla. 4th DCA 2016) (“In fact, it is unclear from the record whether the trial court actually reviewed the expert’s report declaring appellant competent to proceed.”); Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016) (“The record in this case establishes that the trial court relied on the stipulation of defense counsel and the preponderance of the experts’ ulti…
discussed Cited as authority (rule) Robinson v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
Further, the court is not permitted to merely accept a stipulation of competence ... even when all the experts have opined that the defendant is competent ...." Zern , 191 So.3d at 964 (internal citations omitted).
examined Cited as authority (rule) Hernandez III v. State (3×) also: Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2018 · confidence medium
In fact, acceptance of a stipulation is improper even when all the experts have opined that the defendant is competent, as other evidence may indicate incompetence. 5 Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty, 149 So. 3d at 677-78 ) (additional citations omitted).
discussed Cited as authority (rule) Charles Francis v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
Although the trial court erred, we reject Appellant’s argument that this error necessarily requires a new trial in this case. “[P]recedent provides that ‘a retroactive determination of competency is possible’ when ‘there are a sufficient number of expert and lay witnesses who have examined or observed the defendant contemporaneous with trial available to offer pertinent evidence at a retrospective hearing,’” Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016) (quoting Dougherty v. State, 149 So. 3d 672, 678-79 (Fla. 2014)), and we cannot say from our review of the record that …
discussed Cited as authority (rule) Louis Burney, Jr. v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
If the trial court determines that a defendant was competent at the time of the trial, it must enter a nunc pro tunc written 2018) (“The trial court erred in failing to make an independent competency finding and in failing to enter a written order of competency.”); Moulton v. State, 230 So. 3d 934, 937 (Fla. 2d DCA 2017) (“[W]hile the trial court may rely on the written reports if the parties agree to that procedure, the court may not rely solely on the parties’ stipulation to competency, and the record must be clear that the court has made an independent determination of the defendant…
discussed Cited as authority (rule) VERNSON EDWARD DORTCH v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
“This right cannot be waived, and a trial court’s failure to make such a finding constitutes fundamental error.” Id. (quoting Golloman, 226 So. 3d at 335 , which in turn cited to Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016)).
discussed Cited as authority (rule) Gerome Berry v. State of Florida (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2018 · confidence medium
“A criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial.” Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty v. State, 149 So. 3d 672, 676 (Fla. 2014)).
cited Cited as authority (rule) Carrion v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
Golloman v. State, 226 So.3d 332, 335 (Fla. 2d DCA 2017) (citing Zern v. State, 191 So.3d 962, 965 (Fla. 1st DCA 2016)).
examined Cited as authority (rule) Scott Michael Sheheane v. State of Florida (4×) also: Cited "see"
Fla. Dist. Ct. App. · 2017 · confidence medium
“A criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial.” Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty v. State, 149 So.3d 672, 676 (Fla. 2014)).
cited Cited as authority (rule) Golloman v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
“However, the court must regard the reports as advisory only.” Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016).
discussed Cited as authority (rule) Cramer v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Furthermore, the trial court is not permitted to accept stipulations to the ultimate issue of competency, “even when all the experts have opined that the defendant is competent, as other evidence may indicate incompetence.” Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty, 149 So.3d at 678 ).
discussed Cited as authority (rule) B.R.C. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty v. State, 149 So. 3d 677 -78 (Fla. 2014) (discussing competency hearing requirements in criminal proceedings)).
discussed Cited as authority (rule) B.R.C. v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016) (citing Dougherty v. State, 149 So.3d 672, 677-78 (Fla. 2014) (discussing competency hearing requirements in criminal proceedings)).
cited Cited "see" Antwan T. Mann v. State
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
discussed Cited "see" Mattingly v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Zern v. State, 191 So.3d 962, 965 (Fla. 1st DCA 2016) (requiring court to enter a nunc pro tunc order of competency if appellant was competent at the time of hearing, whereupon the judgment and sentence need not change).
discussed Cited "see" Casey Stuart Mattingly v. State of Florida
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016) (requiring court to enter a nunc pro tunc order of competency if appellant was competent at the time of hearing, whereupon the judgment and sentence need not change).
cited Cited "see, e.g." Dantzler v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: see, e.g. · confidence medium
See, e.g., Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).
cited Cited "see, e.g." James Farrell Davis Jr. v. State of Florida
Fla. Dist. Ct. App. · 2019 · signal: see also · confidence medium
Id.; see also Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016).
cited Cited "see, e.g." Joshua Leon Walker v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
Dougherty v. State, 149 So. 3d 672, 676 (Fla. 2014); see also Zern v. State, 191 So. 3d 962, 964 (Fla. 1st DCA 2016); Cotton v. State, 177 So. 3d 666, 667-68 (Fla. 1st DCA 2015).
cited Cited "see, e.g." Moulton v. State
Fla. Dist. Ct. App. · 2017 · signal: see also · confidence medium
See Roman v. State, 163 So.3d 749, 750-51 (Fla. 2d DCA 2015); see also Zern v. State, 191 So.3d 962, 965 (Fla. 1st DCA 2016); S.B. v. State, 134 So.3d 528 (Fla. 4th DCA 2014).
cited Cited "see, e.g." Wilmario Trueblood v. State of Florida
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence low
(Internal citation and quotation marks omitted); see also Zern v. State, 191 So.3d 962 (Fla, 1st DCA 2016) (citing Brooks).
Retrieving the full opinion text from the archive…
Ronald Pak ZERN, Appellant,
v.
STATE of Florida, Appellee
1D14-5817.
District Court of Appeal of Florida, First District.
May 12, 2016.
191 So. 3d 962
Nancy A. Daniels, Public Defender, and Barbara J. Busharis,’ Assistant Public Defender, Tallahassee, for Appellant. ■, Pamela Jo Bondi, Attofney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
Ray, Wetherell, Kelsey.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: District Court of Appeal of Fl… (1)
RAY, J.

Ronald Pak Zern, Appellant, appeals from his convictions for aggravated assault, aggravated battery on a person sixty-five years of age or older, improper exhibition of a firearm, and tampering with evidence. He argues that the trial court erred in failing to make an independent finding of competence or incompetence after ordering psychological evaluations, and scheduling a competency hearing. We agree and reverse for this reason.. We find no distinct reversible error with regard to Appellant’s second issue concerning the trial court’s failure to order an additional psychological evaluation upon the request of Appellant’s counsel at a subsequent court appearance.

While the charges were pending, a psychologist evaluated Appellant, at the request of his attorney. This psychologist issued a written report recommending that the court consider Appellant incompetent to proceed. On the State’s motion, the court appointed a second psychologist to evaluate Appellant. - When the matter was discussed at a conference, Appellant personally advised the court that he was competent and did not want a second evalúa[*964] tion, but his. attorney did not join in this representation to the court. The court ordered the second evaluation, and the second psychologist opined that Appellant was competent to proceed.

Appellant appeared in court for a competency hearing after both expert reports were filed. At this hearing, Appellant was unruly and continued to insist on his’competence, while arguing that his "attorney was lying, setting him up, and trying to incriminate him. The State advised the court that it could hold a competency hearing without further ado but that the more typical approach when two psychologists have reached conflicting conclusions is to appoint a third psychologist to “kind of break the tie.” The court appointed a third evaluator. Appellant’s counsel advised that she would “absolutely” ask for a competency hearing after the third evaluation, and the court explained to Appellant that it would determine his competence at a hearing where the experts would be available for cross-examination.

The third psychologist opined that Appellant was competent to proceed. The parties appeared in court for the competency hearing the day after the State filed the third psychologist’s report.' At that time, the court indicated that it had not yet seen the third report. The court was advised at the hearing that the third evaluator found Appellant competent. Appellant was represented by his fourth successive assistant public defender in the case, a different attorney from the one who had appeared at the prior hearing on Appellant’s competency. Appellant’s new counsel notified the court that he had spoken with Appellant and believed him to be competent, and he asked the court “to declare [Appellant] competent based on the reports.” The State responded, “In light of [defense counsel’s] stipulation, Judge, we maintained all along that he’s competent, and the defendant himself has assured the Court that he’s competent throughout this cycle. So we would ask that we be able to move forward with the case at. this .time.” The court declared Appellant competent, and the brief hearing concluded without any comment from Appellant or testimony from the experts, even though they were present and prepared for a hearing.

A criminal defendant has a procedural due process right to the observance of procedures adequate to protect his or her right not to be tried or convicted while incompetent to stand trial. Dougherty v. State, 149 So.3d 672, 676 (Fla.2014) (quoting Drope v. Missouri, 420 U.S. 162, 172, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975)). Florida Rules of Criminal Procedure 3.2Í0 through 3.212 provide the competency procedures required in this state.

According to Rule 3.210(b) and case law, once the court has reasonable grounds to question the defendant’s competency, the court has no choice but to conduct a hearing to resolve the question. Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015). At the competency hearing, the court must make its own independent finding of competence or incompetence. Dougherty, 149 So.3d at 677. If the parties and the court agree, the court may decide the issue based" on the experts’ reports without receiving any testimony. Id. at 677-78 (citing Fowler v. State, 255 So.2d 513, 515 (Fla.1971)). However, the court must regard the reports as advisory only. Id. (citing McCray v. State, 71 So.3d 848, 862 (Fla.2011)). Further, the court is not permitted to merely accept a stipulation of competence. Id. at 678. In fact, acceptance of a stipulation is improper even when all the experts have opined that the defendant is competent, as other evidence may indicate incompetence. Id.

[*965] The record in this case establishes that the trial court relied on the stipulation of defense counsel and the preponderance of the experts’ ultimate opinions to make its competency determination, without having read all the evaluations. It does not show an independent finding. Because an independent competency finding is a due-process right that cannot be waived once a reason for a competency hearing has surfaced, the trial court fundamentally erred in failing to make such a finding. [1]

Generally, the remedy for a trial court’s failure to conduct a proper competency hearing is a new trial, as long, as the defendant is determined on remand to be competent to stand' trial. Dougherty, 149 So.3d at 678-79. However, precedent provides that “a retroactive determination of competency is possible” when “there are a sufficient, number of expert and lay witnesses who have examined or .observed the defendant contemporaneous with trial available to offer pertinent evidence at a retrospective hearing.!’ Id. (citing Fowler, 255 So.2d at 515, and Mason v. State, 489 So.2d 734, 737 (Fla.1986)). Accordingly, we reverse and remand for a retroactive determination of competency. If the court finds that Appellant was competent at the time of trial, it must enter a nunc pro.tunc written order memorializing this finding with no change in the judgment. See Dougherty, 149 So.3d at 678 (noting the requirement of a written order); Moorer v. State, 187 So.3d 315 (Fla. 1st DCA 2016). If the trial court finds that Appellant was incompetent or that a retrospective determination is not possible in this case, it must hold a new trial, as long as Appellant is and remains competent on remand.

REVERSED and REMANDED with instructions.

WETHERELL and KELSEY, JJ., concur.
1

. Although our precedent in Thomas v. State, 894 So.2d 1000 (Fla. 1st DCA 2005), would dictate a different holding, it has been superseded by Dougherty.