Macaluso v. State
| Decision Date | 08 July 2009 |
| Docket Number | No. 4D08-329.,4D08-329. |
| Citation | 12 So.3d 914 |
| Parties | Dennis MACALUSO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Defendant was found incompetent to stand trial and sent to a facility. The court held a hearing five months later. His attorney advised the court that he had since been found competent based on "evaluations that were obtained by the Public Defender's Office." Without further hearing or evidence, the court spontaneously declared defendant competent to begin trial and the case proceeded to trial. Before jury selection, his attorney added that facility doctors had found defendant competent to be tried. A jury was selected and found him guilty of aggravated battery, as charged, and trespassing and assault, both lesser included offenses of other crimes charged. He now appeals the conviction on the grounds that the competency issue was improperly decided. We agree.
Florida Rule of Criminal Procedure 3.212(c)(7) provides: "If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed." [e.s.] In Abreu-Gutierrez v. James, 1 So.3d 262 (Fla. 4th DCA 2009), we held:
1 So.3d at 264-65 (citing Samson v. State, 853 So.2d 1116, 1116 (Fla. 4th DCA 2003)). In Samson under nearly identical circumstances as here, we said:
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...in Dougherty v. State, 96 So. 3d 984 (Fla. 5th DCA 2012), while the Fourth District disallowed stipulations in Macaluso v. State, 12 So. 3d 914 (Fla. 4th DCA 2009). This court and the Florida Supreme Court had apparently not weighed in on the issue of stipulations to competency, so the tria......
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...on the ground that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in Macaluso v. State, 12 So.3d 914 (Fla. 4th DCA 2009), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash in part th......
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Peoples v. State, 1D16–5875
...While a court cannot make a new competency determination based only on the stipulations of the parties, see, e.g. , Macaluso v. State , 12 So.3d 914, 915 (Fla. 4th DCA 2009), the fact that defense counsel did not request an evaluation and agreed with the court's view of Appellant's competen......
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Rumph v. State
...v. State , 199 So.3d 1014 (Fla. 4th DCA 2016) (quoting Roman v. State , 163 So.3d 749, 751 (Fla. 2d DCA 2015) ); Macaluso v. State , 12 So.3d 914, 915 (Fla. 4th DCA 2009) (citing Abreu–Gutierrez v. James , 1 So.3d 262 (Fla. 4th DCA 2009) ). If the trial court finds that the defendant is com......
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Pretrial motions and defenses
...Under rule 3.212(c)(7), the court must hold a hearing and enter an order finding that defendant was competent. Macaluso v. State, 12 So. 3d 914 (Fla. 4th DCA 2009) The court errs in committing an incompetent person to DCF care when the reports do not indicate that DCF treatment will result ......