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Posted by John Rutkowski | Apr 10, 2019 | 0 Comments

Criminal law -- Competency of defendant -- Failure to hold hearing -- Appeals -- Remedy. When it is determined that trial court failed to hold competency hearing or enter order adjudicating competency after previously finding reasonable grounds to question defendant's competency, proper disposition of appeal is to temporarily remand to trial court with instructions to hold a hearing and issue an order determining whether a nunc pro tunc competency evaluation is possible within sixty days. Depending on outcome, trial court shall proceed with specific instructions outlined by appellate court which follow Florida Supreme Court's decision in Fowler v. State, and any order on remand relating to defendant's competency shall be filed with appellate court. Portion of appellate panel's prior decision vacating conviction and sentence is withdrawn.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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