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Cochran v. State

District Court of Appeal of Florida, Fifth District
May 4, 2007
954 So. 2d 1279 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-1841.

May 4, 2007.

Appeal from the Circuit Court for Orange County, John H. Adams, Judge.

James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.


Cochran contends the trial court erred by conducting his trial without holding a competency hearing after having invoked the procedure for determining competency under Florida Rule of Criminal Procedure 3.210. The State properly concedes error. Cochran v. State, 925 So.2d 370 (Fla. 5th DCA 2006). We vacate Cochran's convictions and sentence. We remand for a competency determination and retrial if Cochran is found competent to proceed. Tingle v. State, 536 So.2d 202 (Fla. 1988).

REVERSED and REMANDED.

ORFINGER, MONACO and EVANDER, JJ., concur.


Summaries of

Cochran v. State

District Court of Appeal of Florida, Fifth District
May 4, 2007
954 So. 2d 1279 (Fla. Dist. Ct. App. 2007)
Case details for

Cochran v. State

Case Details

Full title:Jimmy Eugene COCHRAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 4, 2007

Citations

954 So. 2d 1279 (Fla. Dist. Ct. App. 2007)

Citing Cases

Rosier v. State

The state properly concedes error. See Cochran v. State, 954 So.2d 1279, 1279 (Fla. 5th DCA 2007). In…