Bennie John Ross v. State of Florida

In this direct appeal, appellant claims the trial court committed fundamental error in accepting his guilty plea because no order had been entered finding appellant competent to proceed after he had been adjudicated incompetent. We agree, reverse, and remand for further proceedings.

Under Florida Rule of Criminal Procedure 3.210, a criminal prosecution may not move forward at any material stage, which includes entry of a plea, against a defendant who is incompetent to proceed. Dougherty v. State, 149 So.3d 672, 676-77 (Fla.2014). In order to proceed against a defendant who has been adjudicated…