Carnley v. State
The Fifth DCA reversed a DUI manslaughter conviction because the trial court, after finding reasonable grounds to question the defendant's competence and ordering an evaluation, never made an independent determination of competency to proceed—it merely reviewed the expert's report and told counsel to discuss it with the defendant. The court held this was fundamental, unwaivable error requiring reversal, distinguishing recent First DCA decisions (Awolowo, Hicks) currently under Florida Supreme Court review. The court affirmed the $100 cost of prosecution as mandatory even absent a State request.
Key facts
- Defendant was convicted of DUI manslaughter in trial court after the court ordered a competency evaluation based on reasonable grounds to question the defendant's competence.
- The trial court received the expert's competency report but did not conduct an independent, on-the-record determination of competency; instead, it merely reviewed the report and instructed counsel to discuss it with the defendant.
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Why it matters
This decision reinforces and applies the well-established but frequently litigated rule that a trial court must make its own independent competency finding rather than relying solely on an expert's report, and it is… — full analysis with a trial
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