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Carrion v. State

Florida Court of Appeals, Second District

January 19, 2018

NICHOLAS J. CARRION, Appellant,
v.
STATE OF FLORIDA, Appellee.

          NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

          Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.

          Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee.

          ORDER RELINQUISHING JURISDICTION

          La ROSE, Chief Judge.

         Nicholas 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.

         Factual Background

         The 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.

         A 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 much.
DEFENSE COUNSEL: Thank you.
(Whereupon, the proceedings ...

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