Robin Parker v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2021
Docket1D19-4028
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-4028
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ROBIN PARKER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.
January 15, 2021
OSTERHAUS, J.
Robin Parker appeals her convictions for bank fraud and
multiple counts of uttering a forged instrument. She makes two
arguments on appeal. First, she claims that the trial court erred
by determining that she was competent to stand trial in reliance
upon expert reports that were stale. Second, Appellant argues for
reversal because the trial court failed to enter a written
competency order. We affirm because neither issue was preserved
nor amounts to fundamental error.
During the pendency of her charges, Ms. Parker was
evaluated by mental health experts to determine whether she was
competent to stand trial. The expert reports were submitted to the
court, but no determination was immediately made. About two
years later, before the case went to trial, a successor judge noticed
that no formal ruling had been made on Appellant’s competency.
Counsel for the parties then stipulated that the court could
consider the expert reports that were previously completed to
determine Appellant’s competency. After reviewing those reports,
the court stated on the record that Appellant was competent to
stand trial, but it did not render a written order recording its
finding.
Appellant now contends that the court erred in finding her
competent because the expert reports were stale when the trial
court held the competency hearing. But Appellant failed to object
and preserve this issue. In fact, Appellant affirmatively stipulated
to the court’s consideration of these expert reports. Claims that a
trial court based a competency decision on stale evidence do not
amount to fundamental error and must be preserved to be
considered on appeal. Alcazar v. State, 276 So. 3d 962, 965 (Fla.
1st DCA 2019); see also Bittle v. State, 245 So. 3d 792, 794–95 (Fla.
4th DCA 2018).
Additionally, we find no fundamental error in the court’s
failure to enter a written order of competency. After the court holds
a competency hearing, a written order is required by Florida Rule
of Criminal Procedure 3.212(b). When the record does not contain
a written order, this Court typically remands for entry of a nunc
pro tunc order. See, e.g., Merriell v. State, 169 So. 3d 1287, 1289
(Fla. 1st DCA 2015). However, the Florida Supreme Court recently
ruled that for arguments challenging a trial court’s failure to enter
a written order to succeed, they must be preserved or constitute
fundamental error. Santiago-Gonzalez v. State, 301 So. 3d 157, 175
(Fla. 2020). Here, Appellant did not preserve the issue, nor does
the lack of a written order constitute fundamental error given the
court’s explicit oral competency finding. See id. (“Given the trial
court’s oral competency finding in this case, which is fully
supported by the record, Santiago-Gonzalez has not demonstrated
fundamental error and is therefore not entitled to relief on this
issue.”).
Accordingly, the judgment and sentence are AFFIRMED.
MAKAR and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Tyler Payne, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
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