Legal Opinion

Andrews v. State

District Court of Appeal of Florida

Decided December 9, 2005No. 5D05-1408PublishedCited by 2 opinions

1Opinion of the CourtOrfinger, J.

Byron Andrews appeals his conviction of carrying a concealed firearm and possession of a firearm by a convicted felon. He contends that the trial court had reasonable grounds to suggest that he was incompetent to proceed and should have conducted a competency hearing. See Fla. R.Crim. P. 3.210(b).1 We disagree and affirm Andrews’s conviction.

During the course of the trial, the trial court asked Andrews if he understood that he had a right to testify. At that point, the following exchange occurred:

THE COURT: [Defense counsel] has indicated that you’ve chosen to testify, and I just want to make…

2Cases cited3 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Hill v. StateSupreme Court of Florida · 1985
  3. Kent v. StateDistrict Court of Appeal of Florida · 1997

3Cited by2 opinions

  1. Saintiler v. StateDistrict Court of Appeal of Florida · 2013
  2. NICHOLAS RAY MALICOAT v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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