Regulo Boscan v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 28, 2020
Docket4D18-1080
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
REGULO BOSCAN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D18-1080
[February 28, 2020]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Edward H. Merrigan, Jr., Judge; L.T. Case No. 14-16362
CF10A.
Carey Haughwout, Public Defender, and Claire Victoria Madill,
Assistant Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Heidi L. Bettendorf,
Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Regulo Boscan appeals his judgment and sentence, raising numerous
issues. We decline to reach all but one of the issues at this time for the
reasons made apparent by our decision.
Boscan argues that, after entering an order appointing experts to
determine competency, the trial court erred by failing to hold a competency
hearing and by failing to enter a written determination of competency
before proceeding to trial. See generally Fla. R. Crim. P. 3.210, 3.212. The
state does not contend that a competency hearing was held, and none is
apparent from the record before this court.
Accordingly, consistent with Machin v. State, 267 So. 3d 1098, 1101
(Fla. 4th DCA 2019), we “temporarily remand the case to the circuit court”
for the circuit court to “hold a hearing and issue an order determining
whether a nunc pro tunc competency evaluation is possible.” Because this
matter is expedited, the circuit court shall have thirty days to make its
determination. Depending on the outcome, the circuit court shall proceed
with one of the paths as outlined in this court’s opinion in Machin. See id.
at 1101-02.
Remanded with instructions.
LEVINE, C.J., CIKLIN and GERBER, JJ., concur.
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