FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Collier County; Lauren L. Brodie,
L. Dimmig, II, Public Defender, and Maureen E. Surber,
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Linsey
Sims-Bohnenstiehl, Assistant Attorney General, Tampa, for
ORDER RELINQUISHING JURISDICTION
Jean Moulton appeals her conviction and sentence for the
reduced charge of principal to manslaughter with a firearm,
contending that her due process rights were violated because
the trial court did not make an independent determination
that she had been restored to competency before it accepted
her plea to the reduced charge. Because it is not clear that
the trial court made an independent finding of competency, we
relinquish jurisdiction for sixty days, as we recently did in
Cramer v. State, 213 So.3d 1028 (Fla. 2d DCA 2017),
for the trial court to conduct a new competency hearing.
competency was a recurring issue after she was arrested and
charged with one count of principal to second-degree murder
with a firearm in May 2014. She was adjudicated incompetent
to proceed on October 9, 2014, but the court found her
competency restored on January 7, 2015. Moulton was again
adjudicated incompetent to proceed on May 6, 2015. On that
date, she was committed to the Department of Children and
Families (the Department) for treatment.
August 6, 2015, the administrator of the Department's
treatment center forwarded a new competency evaluation report
to the court. This report, authored by a staff psychologist
and dated August 6, 2015, concluded that Moulton was then
competent to proceed. The administrator of the treatment
center requested that the court arrange for Moulton to be
returned to Collier County for further proceedings.
August 27, 2015, the trial court held a hearing on
Moulton's competence. The hearing began with the
THE COURT: Do you waive her presence?
MR. VERDERAMO (defense counsel): Yes, Judge.
THE COURT: Okay.
MR. VERDERAMO: Judge, I've prepared an order. Mr. Stewart
(counsel for the State) has (inaudible) and has no objection.
THE COURT: So both of you are agreeing that at this point she
has been restored to competency based on the report filed,