Dudley Lewis v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 19, 2020
Docket3D20-0150
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 19, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-150
Lower Tribunal No. 14-23288
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Dudley Lewis,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina Miranda,
Judge.
Dudley Lewis, in proper person.
Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant
Attorney General, for appellee.
Before EMAS, C.J., and MILLER and GORDO, JJ.
PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.210(b) (requiring court to order a
competency hearing if it has “reasonable ground to believe that the defendant is
not mentally competent to proceed”) (emphasis added); LaPuma v. State, 456 So.
2d 933 (Fla. 3d DCA 1984) (applying abuse of discretion standard to review of trial
court’s failure to order a competency examination). See also Saintiler v. State, 109
So. 3d 303 (Fla. 4th DCA 2013) (concluding that defense counsel's statements
regarding defendant's difficulty retaining information and defendant’s prior mental
issues (which led to an earlier competency examination and a finding of
competency) did not provide reasonable grounds requiring the trial court to order a
competency examination); Andrews v. State, 916 So. 2d 964, 966 (Fla. 5th DCA
2005) (holding that, where defendant’s conduct during trial did not otherwise
demonstrate reasonable grounds to question defendant’s competence, such grounds
were not created where defendant stated in open court that he had “mental
problems,” defense counsel told the trial court that he had to “explain a lot of things”
to the defendant “more extensively” than normal, and defense counsel never
requested a competency examination).
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