Jones v. State
Jones appealed his conviction for lewd or lascivious molestation, arguing the trial court erred by failing to enter a written order finding him competent to stand trial after his competency was raised and then withdrawn. The Fifth DCA agreed, holding that the trial court's independent competency determination is a non-waivable due-process requirement even where the defendant withdraws his notice of incompetence. The court remanded for a nunc pro tunc competency determination, or a new trial if such a retroactive determination is not possible.
Key facts
- Jones was convicted of lewd or lascivious molestation in trial court.
- Jones's competency to stand trial was raised, then withdrawn by the defense.
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Why it matters
This decision reinforces well-established Florida Supreme Court precedent (Dougherty, McCray) that competency findings are a non-delegable, non-waivable judicial duty once competency is placed at issue, even where the… — full analysis with a trial
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