Davis v. State
Appellant argued the trial court fundamentally erred by failing to make an independent competence determination after appointing an expert to evaluate him. Relying on its recent decision in Carnley v. State, the Fifth DCA held that because the record showed reasonable grounds to believe Appellant might not be competent, the trial court's failure to make an independent competency finding was fundamental error requiring reversal.
Key facts
- Appellant was tried in the trial court on criminal charges where the record reflected reasonable grounds to believe he might not be competent to proceed.
- The trial court appointed an expert to evaluate Appellant's competency but failed to make an independent written competency determination on the record.
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Why it matters
This opinion reinforces the rule from Carnley v. State that a trial court's failure to independently determine competency—separate from merely appointing an expert—is fundamental error reviewable even without… — full analysis with a trial
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