Emerson v. State
Emerson appealed his sentence following a no-contest plea, arguing fundamental error where the trial court failed to hold a competency hearing or enter a final competency determination before sentencing, despite a psychiatric evaluation finding him competent. The First DCA affirmed, holding that Emerson's claim was unpreserved and that no fundamental-error exception exists to excuse the lack of preservation, extending the Florida Supreme Court's reasoning in State v. Dortch from plea-involuntariness claims to sentencing-error claims arising from unaddressed competency issues.
Key facts
- Emerson entered a no-contest plea and was sentenced; a psychiatric evaluation found him competent, but the trial court never held a competency hearing or entered a final competency determination before sentencing.
- Emerson appealed his sentence arguing fundamental error based on the trial court's failure to address competency, but he did not preserve this issue through an objection at sentencing or a Rule 3.800(b) motion.
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