Calloway v. State, 93-3915
| Decision Date | 06 March 1995 |
| Docket Number | No. 93-3915,93-3915 |
| Citation | 651 So.2d 752 |
| Court | Florida District Court of Appeals |
| Parties | 20 Fla. L. Weekly D602 Kenny CALLOWAY, Appellant, v. STATE of Florida, Appellee. |
Nancy A. Daniels, Public Defender and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen. and Richard Parker, Asst. Atty. Gen., Tallahassee, for appellee.
Kenneth Calloway (Calloway), an inmate, was charged with aggravated battery on a law enforcement officer for biting a correctional officer on the arm. He appeals from his judgment and sentence and raises two issues: (1) whether the trial court abused its discretion in denying his motion for judgment of acquittal; and (2) whether the trial court erred in refusing to order a competency hearing and to appoint experts to examine Calloway prior to sentencing. We affirm the first issue without discussion, and reverse and remand for resentencing on the second issue.
At the beginning of the sentencing hearing, Calloway's counsel advised the court that he was unable to review the pre-sentence investigation report (PSI) with Calloway the previous day because he appeared to be heavily medicated and that he appeared to be in the same state at the current time. Two correctional officers testified to the effect that Calloway was competent. Nevertheless, defense counsel requested the trial court appoint an expert to examine Calloway for purposes of competency. The trial court denied the motion, stating:
Defense counsel again noted he was unable to review the PSI with Calloway because, in his opinion, Calloway was intoxicated. The court called the probation officer, who prepared the PSI, to testify. The probation officer opined Calloway was competent, and testified as to the accuracy of the PSI and guidelines scoresheet.
When given an opportunity to address the court, Calloway asked the court to wait a moment while his vision adjusted: "my vision has to get right, give me one second." He then gave a rambling, incoherent narrative, stating he was being tortured in prison, that he had been improperly placed in the West unit, where he was jumped, that he had not gotten a fair trial and had not been tried within 180 days. He also referred to an earlier charge that had never been tried. He claimed unidentified persons jumped him at prison, threatened to beat him up, kill him, and send him home in a plastic bag. The court interrupted his monologue and proceeded with sentencing. Calloway was then sentenced to seventeen years in prison, with a three-year minimum mandatory term.
Florida Rule of Criminal Procedure 3.210(b) provides:
If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant ... has reasonable ground to believe that the defendant is not mentally competent to proceed, the court shall immediately enter its order setting a time for a hearing to determine the defendant's mental condition ... and shall order the defendant to be examined by no more than 3, nor fewer than 2, experts prior to the date of the hearing.
Sentencing is one such "material stage." Fla.R.Crim.P. 3.214. Under Florida and federal law, the test for competency is "whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding--and whether he has a rational as well as factual understanding of the proceedings against him." Scott v. State, 420 So.2d 595, 597 (Fla.1982) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824 (1960); Lane v. State, 388 So.2d 1022 (Fla.1980)). However, in ruling on a motion requesting a competency hearing and the appointment of experts, the question is not whether the defendant is competent but whether there is reasonable ground to believe the defendant may be incompetent. Scott v. State, 420 So.2d at 597 (emphasis added). There are no ...
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