Florida Department of Corrections v. Watts

I admit that the result advocated by the majority, i.e., to “restor[e] the defendant to competence in a timely and efficient manner so that the court [can] proceed with the resolution of [his] postconviction proceedings,” majority opinion at 18, is both compelling and desirable. However, I must respectfully dissent from the majority as I find that the route to that result crosses forbidden territory.

Under Florida’s Constitution, “[n]o person belonging to one branch [of government] shall exercise any powers appertaining to either of the other branches unless expressly provided [in the…