Roman v. State

ORDER RELINQUISHING JURISDICTION

KELLY, Judge.

Edwin Roman appeals from his judgment and sentences for sexual battery on a person less than twelve years of age, lewd molestation, and battery. He correctly contends that the trial court erred by failing to hold a competency hearing before proceeding to trial.

While Roman was in custody for the charged offenses, his defense counsel moved to have him examined by a mental health expert. A court-appointed expert determined that Roman was mentally incompetent. The trial court adjudicated Roman incompetent to proceed and committed him to the Department…