Sledge v. State, 871 So. 2d 1020 (Fla. 5th DCA 2004). · Go Syfert
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Sledge v. State, 871 So. 2d 1020 (Fla. 5th DCA 2004). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: Jackson v. State (fladistctapp, 2012-08-10)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Jackson v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
“A proper hearing to determine whether competency has been restored requires 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 a [written] order finding competence.” Molina v. State, 946 So.2d 1103,1105 (Fla. 5th DCA 2006) (internal quotation omitted); see Sledge v. State, 871 So.2d 1020, 1021 (Fla. 5th DCA 2004) (reversing for competency hearing because trial court based competency solely on DCF’s clinical evaluation without formal hearing).
discussed Cited "see" Blow v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Sledge v. State, 871 So.2d 1020, 1021 (Fla. 5th DCA 2004) (reversing for a competency hearing because the trial court, upon receiving the Department of Children and Families clinical evaluation, stating that the appellant was competent to testify, simply set a date for trial and did not conduct a "formal hearing" to determine whether the appellant was, in fact, competent to proceed).
discussed Cited "see, e.g." Robert L. Rumph v. State
Fla. Dist. Ct. App. · 2017 · signal: see also · confidence low
Molina v. State, 946 So.2d 1103 (Fla. 5th DCA 2006) (citing Jackson v. State, 880 So.2d 1241, 1242 (Fla. 1st DCA 2004)); see also Sledge v. State, 871 So.2d 1020 (Fla. 5th DCA 2004). “[T]he failure to obsei-ve 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.” Drope *1095 v. Missouri. 420 U.S. 162, 172 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975).
discussed Cited "see, e.g." Jackson v. State
Fla. Dist. Ct. App. · 2004 · signal: see also · confidence medium
Id.; see also Sledge v. State, 871 So.2d 1020, 1021 (Fla. 5th DCA 2004) (reversing for a competency *1243 hearing because the trial court, upon receipt of the Department of Children and Families' clinical evaluation stating that the appellant was competent to testify, simply set a date for trial and did not conduct a "formal hearing" to determine whether the appellant was, in fact, competent to proceed); Johnson v. State, 855 So.2d 218, 219 (Fla. 5th DCA 2003) (holding that the trial court erred in proceeding to sentence the appellant before having adjudged him competent to proceed and noting …
Retrieving the full opinion text from the archive…
Calvin SLEDGE, Appellant,
v.
STATE of Florida, Appellee.
5D03-330.
District Court of Appeal of Florida, Fifth District.
Apr 30, 2004.
871 So. 2d 1020
Sawaya.
Cited by 9 opinions  |  Published

[*1021] James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, C.J.

Calvin Sledge appeals his judgments and sentences for battery on a law enforcement officer and resisting an officer without violence. We reverse and remand for a hearing to determine whether Sledge is competent to proceed to trial.

On September 12, 2001, after the State filed its information charging him with various crimes, Sledge was adjudicated incompetent to proceed to trial and committed to the Department of Children and Families (DCF) for hospitalization. The record reveals that Sledge was again found incompetent on March 4, 2002.

On April 12, 2002, following Sledge's most recent clinical evaluation, DCF wrote a letter stating that Sledge was competent to proceed. Rather than conducting a formal hearing to determine whether Sledge was competent, the trial judge simply set a trial date and proceeded to trial. The jury returned verdicts of guilty, and Sledge was sentenced to a term of incarceration as a prison releasee reoffender.

Florida Rule of Criminal Procedure 3.210(a) provides that "[a] person accused of an offense ... who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent." Moreover, once adjudicated incompetent, "the legal status of a defendant cannot be adjudicated from incompetent to competent without a hearing." Alexander v. State, 380 So.2d 1188, 1190 (Fla. 5th DCA 1980); see also Samson v. State, 853 So.2d 1116 (Fla. 4th DCA 2003). Therefore, once a defendant is found incompetent to stand trial, there must be a "subsequent finding that he ha[s] regained his competency in order to proceed." Blue v. State, 837 So.2d 541, 543 (Fla. 4th DCA 2003) (reversing and remanding for a new trial after a competency hearing is held and the defendant adjudged competent to proceed to trial); see also Jackson v. State, 810 So.2d 545 (Fla. 4th DCA 2002) (holding that a judicial determination of incompetence remains valid until there is a subsequent judicial determination that the defendant is competent to proceed); Downing v. State, 617 So.2d 864 (Fla. 1st DCA 1993) (remanding with instructions that the petitioner receive a hearing on continued incompetency).

We note, parenthetically, that the State properly concedes that the trial court should have determined whether Sledge was competent before proceeding with the trial. Therefore, we reverse Sledge's convictions and sentences and remand for a competency hearing and a new trial should Sledge be found competent to proceed.

REVERSED AND REMANDED.

PALMER and MONACO, JJ., concur.