Jeffrey Lewis, Regional Conflict Counsel, and Laura Anstead, Assistant Conflict Counsel, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.
Mr. Johnny Rosier appeals his judgment and sentence for possession of a firearm by a convicted felon. Mr. Rosier raises several issues on appeal; however, we address only one issue here. Mr. Rosier asserts that the trial judge erred by not conducting a competency hearing as required by Florida Rule of Criminal Procedure 3.210 after a prior judge appointed a medical expert to evaluate Mr. Rosier's competency to proceed to trial. The state properly concedes error. See
Cochran v. State, 954 So.2d 1279, 1279 (Fla. 5th DCA 2007). In relevant part, Florida Rule of Criminal Procedure 3.210(b) requires,
If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for the state, has reasonable ground to believe that the defendant is not mentally competent to proceed, the court shall immediately enter its order setting a time for a hearing to determine the defendant's mental condition, which shall be held no later than 20 days after the date of the filing of the motion....
Here, the original trial judge ordered a medical expert to evaluate Mr. Rosier's competency to proceed to trial after conducting the following colloquy with Mr. Rosier:
THE COURT: You had a stroke, right?
MR. ROSIER: Left side, yes, sir.
THE COURT: Left side stroke. I think I need to send you to a doctor, all right? And I think that's what I'm going to do. I'm going to send you to go see a doctor....
THE COURT: Go to the doctor. I'm not going to give you a new lawyer. You're not going to get a better lawyer than that one over there. So I'm going to send you to a doctor. Ms. McMullen, would you submit me an order?
DEFENSE COUNSEL: Yes. The doctor that we requested was Doctor D['E]errico.
THE COURT: Perfect. That will be so ordered and we'll get the order. You go see this doctor and remember I'm the guy who let you out and trust me that I'm ...