Bryan Alexander Hicks v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 22, 2020
Docket1D18-4130
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4130
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BRYAN ALEXANDER HICKS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Gary L. Bergosh, Judge.
January 22, 2020
PER CURIAM.
The trial court committed fundamental error in not holding a
hearing and adjudicating Appellant’s competency after finding
reasonable grounds to believe that Appellant was incompetent and
ordering a competency evaluation. See Sheheane v. State, 228 So.
3d 1178, 1180 (Fla. 1st DCA 2017). * Accordingly, we reverse and
*We acknowledge that Appellant entered a no contest plea in
this case. Consistent with our decision in Sheheane, the Fourth
District has held that, once the trial court has found reasonable
grounds to believe that a defendant is incompetent, the failure to
hold a competency hearing and adjudicate a defendant’s
competency prior to accepting a plea constitutes fundamental error
that can be raised on direct appeal without the filing of a motion
to withdraw plea. Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th
remand for a retroactive determination of competency, if possible.
Id. If the trial court finds that Appellant was competent at the time
he entered his plea, it must enter a nunc pro tunc written order
memorializing that finding with no change in the judgment. See
Bowden v. State, 279 So. 3d 311, 313-14 (Fla. 1st DCA 2019).
However, if the trial court cannot make a retroactive
determination, it must allow Appellant to withdraw his plea and
adjudicate his present competency to proceed. Id. at 314.
REVERSED and REMANDED.
LEWIS, WINOKUR, and JAY, 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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Andy Thomas, Public Defender, and Justin F. Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Damaris Reynolds,
Assistant Attorney General, Tallahassee, for Appellee.
DCA 2018) (en banc), rev. granted, SC18-681, 2018 WL 3635017
(Fla. July 11, 2018). Pending the Florida Supreme Court’s ultimate
resolution of Dortch, we continue to adhere to this court’s
precedent.
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