[Download] "Whiting v. State" by In the District Court of Appeal of the State of Florida Fifth District January Term 2006 " eBook PDF Kindle ePub Free
eBook details
- Title: Whiting v. State
- Author : In the District Court of Appeal of the State of Florida Fifth District January Term 2006
- Release Date : January 19, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The defendants motion asserts that the trial court erred in failing to order a competency evaluation of him before accepting his pleas. The State maintains that the decision to order a competency evaluation is one within the discretion of the trial court and that no abuse of discretion has been demonstrated. While our initial inclination is that the record conclusively shows that the defendant was competent in that he had the ability to consult with his counsel with a reasonable degree of rational understanding and had a rational and factual understanding of the proceedings against him, see Hill v. State, 473 So. 2d 1253, 1257 (Fla. 1985), we conclude that the pro se motion was unauthorized and thus should have been stricken.
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