Florida District Courts of Appeal, 1990

Prieto v. State

Prieto v. State
Florida District Courts of Appeal · Decided August 7, 1990 · Baskin, Hubbart, Levy
564 So. 2d 293; 1990 Fla. App. LEXIS 5858; 1990 WL 111964 (Southern Reporter, Second Series)

Prieto v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

Based upon the State’s confession of error and our own independent review of the record, the convictions and sentences in this case must be reversed in view of the trial court’s failure to appoint a second expert to determine the defendant’s competency to stand trial and the failure to conduct a competency hearing.

We do not address appellant’s request regarding a recusal of the trial judge in view of the fact that this issue was never raised by the defendant in the trial court.

Reversed and remanded.

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