Opinion
SC2022-1176
11-27-2023
William F. Roberts, Appellant(s) v. State of Florida, Appellee(s)
Lower Tribunal No(s).: 352017CF003368AXXXXX
William F. Roberts, a prisoner under sentence of death, directly appeals his judgment and sentence. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Roberts asserts that the trial court violated his due process rights when it failed to conduct a competency hearing. Having reviewed the record, considered the parties' briefs, and heard oral argument in this case, we remand for the trial court to determine, nunc pro tunc, Roberts' competency at the time of the trial. In doing so, we express no opinion on Roberts' alleged lack of competency.
On remand, should the trial court determine that an evaluation of Roberts' competency at the time of the trial cannot be conducted in a manner that ensures Roberts' due process rights, then the trial court should proceed to adjudicate Roberts' current competency and, if he is competent, conduct a new trial.
It is so ordered.
MUNIZ, C. J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur