State v. Tillman
The State appealed orders dismissing misdemeanor charges under Florida Rule of Criminal Procedure 3.213(a)(1) after the defendant failed to appear at three status conferences meant to assess her continuing incompetency. The Fourth DCA reversed, holding that the defendant's repeated non-appearance prevented the trial court from making the required finding of continuing incompetency and thwarted the State's ability to seek a reevaluation, so dismissal was improper without such a finding.
Key facts
- The State appealed the trial court's dismissal of misdemeanor charges against Tillman under Florida Rule of Criminal Procedure 3.213(a)(1) after Tillman failed to appear at three status conferences scheduled to assess her continuing incompetency.
- Tillman's defense counsel made an unsworn statement that Tillman had suffered a stroke, but provided no sworn testimony or stipulation to establish continued incompetency.
- +1 more key fact with a free trial
Why it matters
This decision reinforces and extends Nerette v. State, clarifying that a misdemeanor defendant's evasive non-appearance at status conferences defeats automatic dismissal under rule 3.213(a)(1) because it prevents the… — full analysis with a trial
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