Legal Opinion · Concurring in part, dissenting in part

Mansfield v. State

District Court of Appeal of Florida

Decided September 15, 2017No. Case 2D15-4325Published

1Concurring in part, dissenting in part

LUCAS; Judge,

Concurring in part and dissenting in part.

I concur with the court’s decision to reverse and remand Mr. Mansfield’s order of revocation because the trial court failed to conduct a competency hearing and render á determination about Mr. Mansfield’s competency to proceed. I also agree that on remand the case ought to be assigned to a different judge. However, I respectfully disagree with the majority’s conclusion that a Nelson hearing was required here because, from, my reading of the record, Mr. Mansfield never madé a “clear. and unequivocal statement” that he wished to discharge'…

2Cases cited9 opinions

  1. Logan v. StateSupreme Court of Florida · 2003
  2. Morrison v. StateSupreme Court of Florida · 2002
  3. Sexton v. StateSupreme Court of Florida · 2000
  4. Davis v. StateSupreme Court of Florida · 1997
  5. Branch v. StateSupreme Court of Florida · 1996

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