Legal Opinion · Dissent

Rogers v. State

District Court of Appeal of Florida

Decided August 12, 2009No. 1D08-2856Published

1DissentKahn, J.

In the earlier appeal of this ease, a panel of this court provided the following directions to the trial judge:

[W]e REVERSE and REMAND with instructions that the trial judge conduct a hearing on Appellant’s competency to stand trial under Rule 3.210 and deal with Appellant in a manner consistent with the determination made at competency hearing.

Rogers v. State, 954 So.2d 64, 65 (Fla. 1st DCA 2007). Although one might argue that the final part of this instruction is somewhat open-ended, I do not see how one can argue that we discharged the defendant, or that we did not expect the trial court…

2Cases cited1 opinion

  1. Rogers v. StateDistrict Court of Appeal of Florida · 2007

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