Kaplan v. Dickey

This is before the court on a petition for writ of mandamus. Petitioner seeks a hearing to determine the issue of current mental competency and the trial judge has failed to schedule such a hearing. Rule 3.210 of the Florida Rules of Criminal Procedure requires the trial court to set a time for a hearing to determine the defendant’s mental condition, which hearing shall be held no later than twenty days after the date the court determines a mental competency examination should be conducted.

We deem it unnecessary to issue the writ at this time in full confidence the trial judge will schedule a…