final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Alberto
Milian, Judge. Lower Tribunal No. 12-15201
J. Martinez, Public Defender, and Jeffrey Paul DeSousa,
Assistant Public Defender, for appellant.
Jo Bondi, Attorney General, and Joanne Diez, Assistant
Attorney General, for appellee.
ROTHENBERG, C.J., and SCALES and LUCK, JJ.
Luis Fundora Moreno appeals the trial court's finding
that he was competent to be sentenced for violating his
community control. After a brief competency hearing where the
parties stipulated that the two doctors appointed to evaluate
Moreno would testify consistently with their written reports
(both doctors found Moreno competent), the trial court
accepted the stipulation and made its competency finding.
Moreno contends the trial court erred by not making an
independent determination of Moreno's competency, and
abused its discretion by failing to appoint a
neuropsychologist. After review of the record and briefs, and
with the benefit of oral argument, we affirm the competency
finding and sentence although we remand for the limited
purpose of having the trial court enter a written competency
order memorializing its oral ruling.
Background and Procedural History
First Sentencing Hearing.
February 2014, Moreno was charged with violating his
community control by failing to complete a mental health
evaluation; failing to register for a domestic violence
class; and failing to submit to a random drug test. A few
months later, in May, at the community control violation
hearing, Moreno asked the trial court to discharge his public
defender so he could represent himself. The trial court
conducted a Faretta hearing,  and after taking
testimony from Moreno and finding that he knowingly,
voluntarily, and intelligently waived his right to counsel,
discharged the public defender, and continued with the
hearing with Moreno as his own counsel. At the end of the
hearing, the trial court found that Moreno willfully and
substantially violated his community control. The trial court
then turned to sentencing. After hearing from the state,
Moreno's probation officer, and Moreno, the trial court
sentenced Moreno to twenty-one years in prison, followed by
two years of community control and thirteen years of
appealed, and we affirmed in part and reversed in part. We
affirmed the revocation of Moreno's community control,
but reversed the sentence because the trial court did not
offer Moreno the assistance of counsel before the sentencing
portion of the hearing as required by Florida Rule of
Criminal Procedure 3.111(d)(5). Moreno v. State, 167
So.3d 522, 523 (Fla. 3d DCA 2015) (confession of error).
(Florida Rule of Criminal Procedure 3.111(d)(5) provides that
if a defendant, as here, waives his right to counsel,
"the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at
which the defendant appears without counsel." That
includes a sentencing hearing.) We remanded "for the
limited purpose of holding a new sentencing hearing with an
offer of counsel." Id.
remand, with the public defender now representing Moreno,
Moreno's counsel told the trial court there were
reasonable grounds to believe Moreno was not competent to
proceed with the sentencing hearing, and asked that doctors
be appointed to evaluate his competency. The trial court
granted the motion, appointed two doctors to evaluate Moreno,
and reset the case so the doctors had time to complete their
evaluations. When the trial court called back the case three