Bennie John Ross v. State of Florida, 155 So. 3d 1259 (Fla. 1st DCA 2015). · Go Syfert
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Bennie John Ross v. State of Florida, 155 So. 3d 1259 (Fla. 1st DCA 2015). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Roger N. Rosier v. State of Florida (fladistctapp, 2018-09-05)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Roger N. Rosier v. State of Florida
Fla. Dist. Ct. App. · 2018 · confidence medium
Ross v. State, 155 So. 3d 1259, 1259 (Fla. 1st DCA 2015) (emphasis added); see also Dougherty v. State, 149 So. 3d 672, 678 (Fla. 2014) (“Accepting a stipulation improperly absolves the trial court from making an independent determination regarding a defendant’s competency to stand trial.”); Belizaire v. State, 188 So. 3d 933, 935 (Fla. 1st DCA 2016) (finding the trial court’s acceptance of defense counsel’s “stipulation that because both experts found [defendant] competent, they could proceed with the trial” to be insufficient).
discussed Cited as authority (rule) VERNSON EDWARD DORTCH v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
This footnote is cited in opinions of the First (Ross) and Second (Shakes) Districts. 6 In both Lewis v. State, 190 So. 3d 208, 209 (Fla. 1st DCA 2016), and Ross v. State, 155 So. 3d 1259, 1260 (Fla. 1st DCA 2015), the First District found that the trial court erred in accepting the defendant’s plea when there had been a prior adjudication of incompetency, and no subsequent adjudication of competency.
discussed Cited as authority (rule) Golloman v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
“Under Florida Rule of Criminal Procedure 3.210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed.” Ross v. State, 155 So.3d 1259, 1259 (Fla. 1st DCA 2015).
discussed Cited as authority (rule) Bylock v. State (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2016 · confidence medium
“Under Florida Rule of Criminal Procedure 3.210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed.” Ross v. State, 155 So.3d 1259, 1259 (Fla. 1st DCA 2015) (citing Dougherty, 149 So.3d at 676-77 ).
discussed Cited as authority (rule) Julian O. Belizaire v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Analysis As we previously held in Ross v. State, 155 So.3d 1259, 1259-60 (Fla. 1st DCA 2015): Under Florida Rule of Criminal Procedure 3,210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed.
examined Cited as authority (rule) Tush-ee Lewis Hunter v. State of Florida (4×)
Fla. Dist. Ct. App. · 2015 · confidence medium
“In order to proceed against a defendant who has been adjudicated incompetent, the trial court first must hold a hearing to determine whether the defendant’s competency has been restored, review evidence from experts during the hearing, make an independent determination that the defendant’s competency has been restored, and enter a written order to that effect.” Ross v. State, 155 So.3d 1259, 1259 (Fla. 1st DCA 2015).
cited Cited "see" Moulton v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Shakes v. State, 185 So.3d 679, 683 (Fla. 2d DCA 2016) (quoting Ross v. State, 155 So.3d 1259, 1260 (Fla. 1st DCA 2015)).
cited Cited "see" Shakes v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Ross v. State, 155 So.3d 1259, 1260 (Fla. 1st DCA 2015).
discussed Cited "see, e.g." Robert L. Rumph v. State
Fla. Dist. Ct. App. · 2017 · signal: see also · confidence medium
See Hunter v. State, 174 So.3d 1011, 1014 (Fla. 1st DCA 2015) (citing Jackson, 880 So.2d at 1242 ); Martinez v. State, 851 So.2d 832, 834-35 (Fla. 1st DCA 2003); see also Shakes v. State, 185 So.3d 679, 683 (Fla. 2d DCA 2016) (citing Ross v. State, 155 So.3d 1259, 1260 (Fla. 1st DCA 2015)).
discussed Cited "see, e.g." Carlos D. Cotton v. State of Florida
Fla. Dist. Ct. App. · 2015 · signal: see also · confidence medium
Dougherty v. State, 149 So.3d 672, 676 (Fla.2014); see also Ross v. State, 155 So.3d 1259, 1259-60 (Fla. 1st DCA 2015) (“[T]he trial court first must hold a hearing to determine whether the defendant’s competency has been restored, review evidence from experts during the hearing, make an independent determination that the defendant’s competency has been restored, and enter a written order to that effect.”).
Bennie John ROSS, Appellant,
v.
STATE of Florida, Appellee
1D14-1264.
District Court of Appeal of Florida, First District.
Feb 2, 2015.
155 So. 3d 1259
Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, and Samuel Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
Swanson, Benton, Wetherell.
Cited by 15 opinions  |  Published
SWANSON, J.

In this direct appeal, appellant claims the trial court committed fundamental error in accepting his guilty plea because no order had been entered finding appellant competent to proceed after he had been adjudicated incompetent. We agree, reverse, and remand for further proceedings.

Under Florida Rule of Criminal Procedure 3.210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed. Dougherty v. State, 149 So.3d 672, 676-77 (Fla.2014). In order to proceed against a defendant who has been adjudicated incompetent, the trial court first must hold a hearing to determine whether the defendant’s competency has been restored, review evidence from experts during the hearing, make an independent determination that the defendant’s competency has been restored, and enter a written order to that effect. Id. at 677-78. These require[*1260] ments cannot be waived by a stipulation. Id. at 678.

Because there is no evidence in the record that the trial court conducted a competency hearing, reviewed evidence from any examining physicians, or made an oral or written finding that appellant had been restored to competence, appellant was presumed incompetent to proceed at any material stage, rendering his plea invalid as a matter of law and subject to challenge for the first time on direct appeal. Blackmon v. State, 23 So.3d 239, 240 (Fla. 4th DCA 2009); Blow v. State, 902 So.2d 340, 342 (Fla. 5th DCA 2005); Samson v. State, 853 So.2d 1116, 1117 (Fla. 4th DCA 2003). Because appellant had been adjudicated incompetent prior to the entry of the plea, the competency issue was cognizable on direct appeal without a motion to withdraw plea. Vestal v. State, 50 So.3d 733, 735 n. 2 (Fla. 5th DCA 2010). Accordingly, we reverse and remand for a competency proceeding and such other action as may be appropriate thereafter. Blow, 902 So.2d at 342.

REVERSED and REMANDED for further proceedings.

BENTON and WETHERELL, JJ., concur.