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Prieto v. State

District Court of Appeal of Florida, Third District
Aug 7, 1990
564 So. 2d 293 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-2160.

August 7, 1990.

An Appeal from the Circuit Court of Dade County; David Tobin, Judge.

Bennett H. Brummer, Public Defender, and Beth Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and LEVY, JJ.


ON CONFESSION OF ERROR


Based upon the State's confession of error and our own independent review of the record, the convictions and sentences in this case must be reversed in view of the trial court's failure to appoint a second expert to determine the defendant's competency to stand trial and the failure to conduct a competency hearing.

We do not address appellant's request regarding a recusal of the trial judge in view of the fact that this issue was never raised by the defendant in the trial court.

Reversed and remanded.


Summaries of

Prieto v. State

District Court of Appeal of Florida, Third District
Aug 7, 1990
564 So. 2d 293 (Fla. Dist. Ct. App. 1990)
Case details for

Prieto v. State

Case Details

Full title:ANDRES PRIETO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 7, 1990

Citations

564 So. 2d 293 (Fla. Dist. Ct. App. 1990)