Legal Opinion

A.L.Y. v. State

District Court of Appeal of Florida

Decided March 8, 2017No. Nos. 4D15-4391, 4D15-4392, 4D15-4394, 4D15-4395 and 4D15-4416PublishedCited by 14 opinions

1Opinion of the CourtGerber, J.

In these consolidated cases, the juvenile appeals from the circuit court’s ruling that he violated his probation. He argues that the court erred by failing to hold a hearing to determine his mental condition after the court had reasonable grounds to believe he was incompetent to proceed. We agree with his argument, and reverse and remand for a nunc pro tunc competency hearing, if possible under the circumstances, and for entry of a written order concerning the juvenile’s competence to proceed.

Procedural History

The circuit court placed the juvenile on probation for five cases which have been…

2Cases cited3 opinions

  1. Antonio Jermaine Presley v. State of FloridaDistrict Court of Appeal of Florida · 2016
  2. Deferrell v. StateDistrict Court of Appeal of Florida · 2016
  3. S.B. v. StateDistrict Court of Appeal of Florida · 2014

3Cited by14 opinions

  1. Scott Michael Sheheane v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. Baker v. StateDistrict Court of Appeal of Florida · 2017
  3. MATTHEW v. HAWKS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017
  4. KENNETH POLLARD v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. D.B. v. StateDistrict Court of Appeal of Florida · 2017

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