Dougherty v. State
Annotate this CaseDefendant was charged with several offenses, but the trial court entered an order declaring Defendant incompetent to proceed to trial. The trial court later held a competency hearing, during which defense counsel stipulated that Defendant was competent to proceed. The court did not enter a written order determining that Defendant was competent to proceed to trial, but the matter nevertheless proceeded to a jury trial. Defendant was found guilty of two charges. On appeal, Defendant argued that the lack of a written order adjudicating him competent required reversal of his conviction and a new trial. The Fifth District Court of Appeal affirmed, concluding that the lack of a written order could be cured without a new trial because the trial court found Defendant competent based upon the stipulation of defense counsel. The Supreme Court quashed the judgment of the Fifth District in part, holding (1) Defendant’s stipulation as to his own competency did not absolve the trial court from its duty to independently make a determination of Defendant’s competency to proceed; and (2) the remedy for such a violation depends upon the circumstances of each case.
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