State v. Tillman
The State appealed orders dismissing misdemeanor charges under Florida Rule of Criminal Procedure 3.213(a)(1) after the defendant was found incompetent and then failed to appear at three scheduled status conferences during the one-year period. The Fourth DCA reversed, holding that the defendant's unexplained non-appearances prevented the trial court from obtaining the reevaluation necessary to make the rule's required finding of continuing incompetency, and that defense counsel's unsworn statement about a stroke was insufficient as a matter of law to establish continuing incompetency.
Key facts
- Defendant was found incompetent to stand trial on misdemeanor charges and failed to appear at three scheduled status conferences within the one-year period under Florida Rule of Criminal Procedure 3.213(a)(1).
- The trial court dismissed the charges based on presumed continuing incompetency, relying on defense counsel's unsworn statement about the defendant's medical condition rather than ordering a competency reevaluation.
- +2 more key facts with a free trial
Why it matters
This decision extends the reasoning of Nerette v. State to the status-conference-nonappearance context, reinforcing that a defendant cannot run out the one-year clock under Rule 3.213(a)(1) by evading court proceedings… — full analysis with a trial
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