Losada v. State
District Court of Appeal of Florida
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
- Faretta v. CaliforniaSupreme Court of the United States · 1975
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- Johnston v. StateSupreme Court of Florida · 1986
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