Bain v. State

Appellant challenges his conviction and sentence on the ground that the court erred by proceeding with his change of plea hearing without determining his competency in accordance with the Florida Rules of Criminal Procedure 3.210-3.212, when the court had earlier ordered a competency evaluation. We reverse. See Deferrell v. State, 199 So.3d 1056, 1061 (Fla. 4th DCA 2016) (holding that where the court ordered a competency evaluation, rule 3.210(b) requires a competency hearing and a determination of competency by the court, and defendant does not waive the right to a competency hearing even if…