Legal Opinion

Losada v. State

District Court of Appeal of Florida

Decided December 26, 2018No. 3D16-1758PublishedCited by 6 opinions

1Opinion of the CourtLagoa, J.

Adonis Losada ("Losada") appeals his final judgment of conviction and sentence, arguing that a new trial is required as the trial court erred on two separate grounds. Specifically, Losada contends that the trial court erred by (1) failing to make an independent determination of Losada's competency to stand trial at his competency hearing and (2) failing to apply the correct legal standard in determining that Losada was not competent to waive his Sixth Amendment right to counsel. For the reasons discussed below, we agree on both grounds and reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August…

2Cases cited30 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Drope v. MissouriSupreme Court of the United States · 1975
  3. Indiana v. EdwardsSupreme Court of the United States · 2008
  4. Bernard J. Dougherty v. State of FloridaSupreme Court of Florida · 2014
  5. Johnston v. StateSupreme Court of Florida · 1986

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3Cited by6 opinions

  1. ANDRES ANDRES v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
  2. Jennifer Ellis v. State of FloridaDistrict Court of Appeal of Florida · 2021
  3. LOUIS FAUSTINO BRUNI v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
  4. RUKSHAN GOONEWARDENA vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  5. Robert Castro v. State of FloridaDistrict Court of Appeal of Florida · 2026

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