Florida sex crime cases often come with questions about the mental stability and capacity of the person being charged. That’s why judges are regularly asked to determine whether a person charged with a sex crime is competent to stand trial. As the state’s Second District Court of Appeal recently explained, there are certain requirements for judges considering competency. They include holding a hearing and issuing a written order. If a judge doesn’t meet these requirements, a person convicted of a crime may have grounds for an appeal.A defendant was charged with sexual battery on a person less than 12 years old. Prior to his trial on the charge, his lawyer convinced the judge to appoint a panel of experts to determine his mental competency to stand trial. He was eventually evaluated by a psychiatrist and a psychologist, both of whom concluded that he was competent to go before the court on the sex crime charge. The judge held a very brief competency hearing after receiving the reports. He referenced the reports and set the case for trial. The defendant, through his lawyer, later negotiated a plea deal, as a result of which he pleaded guilty to the lesser crime of lewd or lascivious conduct.
The defendant later appealed his conviction, however. He argued that the trial judge should not have accepted his guilty plea without first holding a more extensive competency hearing. The Second District agreed.