NICHOLAS J. CARRION, Appellant,
STATE OF FLORIDA, Appellee.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Hillsborough County; Chet A.
L. Dimmig, II, Public Defender, and William L. Sharwell,
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Jeffrey H.
Siegal, Assistant Attorney General, Tampa, for Appellee.
ORDER RELINQUISHING JURISDICTION
ROSE, Chief Judge.
J. Carrion appeals his judgment and sentence imposed after he
pleaded guilty to lewd or lascivious conduct. See
§ 800.04(6)(a)(1), (6)(b), Fla. Stat. (2012). We have
jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A),
9.140(b)(1)(A). The trial court erred in accepting Mr.
Carrion's plea without making an independent finding of
competency or issuing a written order on competency.
Therefore, we relinquish jurisdiction for sixty days, as we
recently did in Moulton v. State, 42 Fla.L.Weekly
D2434 (Fla. 2d DCA Nov. 15, 2017), and Cramer v.
State, 213 So.3d 1028 (Fla. 2d DCA 2017), for the trial
court to conduct a new competency hearing.
State charged Mr. Carrion with two counts of sexual battery
on a person less than twelve years old. See §
794.011(2)(a), Fla. Stat. (2012). His counsel filed a
successful motion to appoint a committee of experts to
evaluate and determine Mr. Carrion's competency.
psychiatrist and a psychologist evaluated Mr. Carrion. They
filed their reports with the trial court. Both experts opined
that Mr. Carrion was competent to proceed to trial. The
hearing on Mr. Carrion's competency was brief.
DEFENSE COUNSEL: Judge, Mr. Carrion's competency reports
came back. Both Doctors indicate that they believe that he is
competent to stand trial. I can't recall at this time and
I can't connect to my office computer to find out if we
have a trial date. Do we have a trial date?
ASSISTANT STATE ATTORNEY: We do. It's in October, Judge.
THE COURT: We'll keep it set for trial. Thank you very
DEFENSE COUNSEL: Thank you.
(Whereupon, the proceedings ...