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McLean v. State

District Court of Appeal of Florida, First District
Sep 25, 2007
964 So. 2d 873 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-3825.

September 25, 2007.

Appeal from the Circuit Court, Jackson County, Colby Peel, Acting Circuit Judge.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, for Appellant.

Bill McCollum, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.


In this direct criminal appeal, appellant seeks review of a judgment adjudicating her guilty of grand theft auto and a sentence to two years in prison following revocation of her probation based on her admission that she had, in fact, violated that probation. She claims that, because she had previously been found to be incompetent to proceed, her right to due process of law was violated when her admission to a violation of probation was accepted and she was adjudicated guilty and sentenced without first holding a hearing, pursuant to Florida Rule of Criminal Procedure 3.212, to determine whether she was competent. The state properly concedes error. See Jackson v. State, 880 So.2d 1241 (Fla. 1st DCA 2004); Holland v. State, 634 So.2d 813 (Fla. 1st DCA 1994). Accordingly, we reverse the order holding that appellant had violated her probation, the judgment, and the sentence, and remand with directions that the trial court hold a hearing to determine whether appellant is competent before proceeding on the affidavit alleging a violation of probation.

REVERSED and REMANDED, with directions.

ALLEN, WEBSTER, and VAN NORTWICK, JJ., concur.


Summaries of

McLean v. State

District Court of Appeal of Florida, First District
Sep 25, 2007
964 So. 2d 873 (Fla. Dist. Ct. App. 2007)
Case details for

McLean v. State

Case Details

Full title:Dianne J. McLEAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 25, 2007

Citations

964 So. 2d 873 (Fla. Dist. Ct. App. 2007)