Opinion

Brown v. State

  • 449 So. 2d 417
Court
District Court of Appeal of Florida
Filed
May 8, 1984
Status
Published
On the bench
Hubbart, Ferguson and Jorgenson
Cited by
4 cases
Authority
More cited than 77.5%

remanded upon the authority of State v. Williams, 447 So.2d 356. (Fla. 1st DCA 1984); State v. Williams, 447 So.2d 356 (Fla. 1st DCA 1984) (no evidence in record suggesting incompetency at time of trial

How later courts described this case

  • remanded upon the authority of State v. Williams, 447 So.2d 356. (Fla. 1st DCA 1984); State v. Williams, 447 So.2d 356 (Fla. 1st DCA 1984) (no evidence in record suggesting incompetency at time of trial
  • remanding for nunc pro tunc evaluation when original experts were available to testify
  • remanding for nunc pro tunc evaluation when original experts available to testify

Written by the judges who cited it.

The opinion

449 So.2d 417 (1984)

Stephen BROWN, Appellant,

v.

The STATE of Florida, Appellee.

No. 83-1659.

District Court of Appeal of Florida, Third District.

May 8, 1984.

Bennett H. Brummer, Public Defender, and May L. Cain, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Upon the authority of State v. Williams, 447 So.2d 356 (Fla. 1st DCA 1984), this action is remanded for a hearing to determine the defendant's competency at the time of his trial in May, 1983. At oral argument it was learned that the three psychiatric experts who originally examined the defendant are still available to testify and the hearing should, therefore, contain their testimony as well as other evidence the state or the defense may offer. Should the trial court determine that the defendant's competency in May, 1983, cannot be sufficiently established to protect his due process rights, the trial court should grant a new trial.

Remanded for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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