Davis v. State
The First DCA reversed and remanded for a nunc pro tunc competency determination where, after conflicting expert competency reports, the trial court ordered a third evaluation but the record contained no third report, no transcript of any competency hearing, and no written order finding the defendant competent. The court distinguished its recent decisions in Awolowo and Hicks, explaining that failure to hold a competency hearing is not automatically fundamental error only when all filed reports found the defendant competent; here, because one expert opined Davis was incompetent, the omission required reversal.
Key facts
- Defendant Davis was charged with a crime; defense and state experts submitted conflicting competency reports, with at least one expert opining Davis was incompetent to proceed.
- The trial court ordered a third competency evaluation but the record contained no third report, no competency hearing transcript, and no written order finding Davis competent.
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Why it matters
This opinion sharpens the fundamental-error analysis for competency-hearing omissions by drawing a clear line based on whether any expert report found the defendant incompetent versus all reports finding competency… — full analysis with a trial
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