Golloman v. State, Case No. 2D16-2583.

Decision Date18 August 2017
Docket NumberCase No. 2D16-2583.
Citation226 So.3d 332
Parties George GOLLOMAN, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Howard L. Dimmig, II, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

George Golloman seeks review of his judgment and sentences for several charges following a negotiated plea of no contest. Mr. Golloman argues that the trial court erred in denying his motion to withdraw plea because there had been no determination of competency at the time he entered his plea. We reverse the judgment and sentence and remand for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

Mr. Golloman was arrested on December 7, 2013, and charged with possession of cocaine with intent to sell within 1000 feet of a school, resisting arrest with violence, depriving an officer of a means of protection or communication, and possession of drug paraphernalia. He was found incompetent to proceed on June 3, 2015. Upon reevaluation, he was determined to be competent by two doctors. A trial date was set, and on the day of trial, Mr. Golloman accepted a negotiated plea to the following charges, filed under an amended information: possession of a controlled substance, resisting arrest with violence, attempt to deprive an officer of a means of protection or communication, and possession of drug paraphernalia. He was sentenced to thirty-six months' prison followed by twenty-four months' community control pursuant to the plea agreement.

Mr. Golloman filed a timely motion to withdraw plea, arguing that an order of competency had never been entered and his plea was involuntary. After acknowledging the lack of a written order, the trial court found that the issue of competency had been addressed, concluded that his plea was voluntary, and denied the motion to withdraw. For the reasons discussed below, we must reverse.

II. ANALYSIS

"An individual who has been adjudicated incompetent is presumed to remain incompetent until adjudicated competent to proceed by a court." Shakes v. State, 185 So.3d 679, 681 (Fla. 2d DCA 2016) (quoting Dougherty v. State, 149 So.3d 672, 676 (Fla. 2014) ). "Under Florida Rule of Criminal Procedure 3.210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed." Ross v. State, 155 So.3d 1259, 1259 (Fla. 1st DCA 2015).

Upon receiving notice that the defendant has regained competence, the trial court is required to hold a hearing to determine if the defendant is in fact competent to proceed. Bylock v. State, 196 So.3d 513, 515 (Fla. 2d DCA 2016) ; Shakes, 185 So.3d at 681 (citing Roman v. State, 163 So.3d 749, 751 (Fla. 2d DCA 2015) ). At the competency hearing, the trial court may hear live testimony of the court-appointed experts, "or where the parties and the trial court agree, the trial court ‘may decide the issue of competency on the basis of the written reports alone.’ "

Shakes, 185 So.3d at 681 (quoting Dougherty, 149 So.3d at 677–78 ). "However, the court must regard the reports as advisory only." Zern v. State, 191 So.3d 962, 964 (Fla. 1st DCA 2016).

The trial court must make an independent determination of competency and enter a written order containing its findings. Shakes, 185 So.3d at 681. Relying on a stipulation of counsel to determine competency "improperly absolves the trial court from making an independent determination regarding a defendant's competency to stand trial." Dougherty, 149 So.3d at 678. This is so even when the expert reports are in agreement as to the defendant's competency. Cramer v. State, 213 So.3d 1028, 1029 (Fla. 2d DCA 2017).

Once a reason for a competency hearing has arisen, the defendant has a due process right to an independent finding of competency. Zern, 191 So.3d at 965. This right cannot be waived, and a trial court's failure to make such a finding constitutes fundamental error. Id.

In this case, the record does not reflect that the trial court made an independent determination of competency before Mr. Golloman entered his plea. The record shows that on March 23, 2016, the new presiding judge on the case inquired as to whether there had been a formal adjudication as to competency. Counsel could not recall, and the trial court ultimately relied on a stipulation of counsel that competency had been restored. The trial court made no oral finding of competency, and no written order of competency was entered.

On March 28, 2016, the day Mr. Golloman was scheduled for trial, the court denied his request to be reevaluated for competency, stating, "at this point, we have our standing evaluation, you know, after his discharge that tells us that he is competent." After some discussion, Mr. Golloman entered a plea, and the trial court sentenced him according to that plea agreement.

Mr. Golloman filed a timely motion to withdraw his plea based on the lack of a proper...

To continue reading

Request your trial
9 cases
  • Dortch v. State
    • United States
    • Florida District Court of Appeals
    • April 4, 2018
    ...who had previously been adjudicated incompetent. See Moulton v. State , 230 So.3d 934, 934 (Fla. 2d DCA 2017) ; Golloman v. State , 226 So.3d 332, 334 (Fla. 2d DCA 2017) ; Bylock v. State , 196 So.3d 513, 514–15 (Fla. 2d DCA 2016) ; Shakes v. State , 185 So.3d 679, 680 (Fla. 2d DCA 2016).D.......
  • Dubon v. State
    • United States
    • Florida District Court of Appeals
    • April 22, 2020
    ...a competency hearing has arisen, the defendant has a due process right to an independent finding of competency." Golloman v. State , 226 So. 3d 332, 335 (Fla. 2d DCA 2017). "This right cannot be waived, and a trial court's failure to make such a finding constitutes fundamental error." Id. A......
  • Carrion v. State, Case No. 2D14–2151
    • United States
    • Florida District Court of Appeals
    • January 19, 2018
    ...has a procedural "due process right to an independent finding of competency" once a competency hearing is required. Golloman v. State, 226 So.3d 332, 335 (Fla. 2d DCA 2017) (citing Zern v. State, 191 So.3d 962, 965 (Fla. 1st DCA 2016) ). "This right cannot be waived, and a trial court's fai......
  • People's Trust Ins. Co. v. Island Roofing & Restoration, LLC
    • United States
    • Florida District Court of Appeals
    • April 7, 2021
    ... ... & RESTORATION, LLC a/a/o Kenneth Rodger & Sharyn Rodger, Respondent.Case No. 2D20-1171District Court of Appeal of Florida, Second District.Opinion ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT