Florida District Courts of Appeal, 2006

Lewis v. State

Lewis v. State
Florida District Courts of Appeal · Decided September 20, 2006 · Gross, Klein, Warner
938 So. 2d 579; 2006 Fla. App. LEXIS 15453; 2006 WL 2683391 (Southern Reporter, Second Series)

Lewis v. State

Opinion of the Court

PER CURIAM.

This is an appeal from a finding that appellant violated his probation. We affirm the finding that appellant was competent at the VOP hearing. Hardy v. State, 716 So.2d 761 (Fla. 1998) (where there is conflicting expert testimony regarding defendant’s competency, it is the trial court’s responsibility to resolve the factual dispute). We decline to address appellant’s contention that his counsel was ineffective for not raising the issue of his competency during the VOP hearing on this direct appeal.

Affirmed.

WARNER, KLEIN and GROSS, JJ., concur.

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