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Posted by John P. 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 Portion of appellate panel's prior decision vacating conviction and sentence is withdrawn.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 P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.