reason for a competency hearing in Florida

2025“Accordingly, a trial court commits reversible error when it does not make an independent determination that a defendant is competent to stand trial.” Id. at 1277 (citing Zern, 191 So. 3d at 965 (“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.”)).

2025“Accordingly, a trial court commits reversible error when it does not make an independent determination that a defendant is competent to stand trial.” Id. at 1277 (citing Zern, 191 So. 3d at 965 (“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.”)).

2020“Once a reason for a competency hearing has arisen, the defendant has a due process right to an independent finding of competency.” Golloman v. State, 226 So. 3d 332, 335 (Fla. 2d DCA 2017).

2019Sallee, 244 So. 3d at 1145 ; Carrion, 235 So. 3d at 1053 ; Moulton, 230 So. 3d at 936 ; see also Golloman v. State, 226 So. 3d 332, 335 (Fla. 2d -3- DCA 2017) (holding that the trial court improperly relied on stipulation of counsel that the appellant's competency had been restored, because after a reason for a competency hearing has arisen, a "defendant has a due process right to an independent finding of competency").

2019P. 3.210(b); Charles v. State, 223 So. 3d 318, 328 (Fla. 4th DCA 2017) ("Once the trial court appoints experts to examine the defendant's competency, the trial court may not proceed against the defendant without holding a competency hearing and ruling on the defendant's competency."); see also Golloman v. State, 226 So. 3d 332, 335 (Fla. 2d DCA 2017) ("Once a reason for a competency hearing has arisen, the defendant has a due process right to an independent finding of competency.

2019We recognized this holding in Dougherty in Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016), where we stated, “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.” In Sheheane v. State, 228 So. 3d 1178, 1180 (Fla. 1st DCA 2017), we held, “It is this right to the trial court’s independent 17 In determining that no fundamental error occurred here at least the en banc majority wisely does not attempt to overrule Hendricks v. State, 34

2019“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 competency

2019“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”).