Travis Washington v. State

Appellant appeals the trial court’s finding that he was competent to proceed to trial. We find that the record lacked competent, substantial evidence to support this finding for two reasons. First, the court’s pre-trial determination that appellant was competent was based on stale competency evaluations. Second, even taking into account an updated evaluation the court ordered later during the trial, there was no testimony affirmatively demonstrating that appellant was competent to proceed. The only testimony in the record either supported that appellant was incompetent to proceed or that…