Antonio R. Richardson, Appellant, v. State of Florida, Appellee. (2024)

District Court of Appeal of Florida, First District.

Antonio R. Richardson, Appellant, v. State of Florida, Appellee.

No. 1D2022-1743

Decided: November 06, 2024

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Antonio Richardson appeals his judgment and sentence for burglary of a dwelling and grand theft. He raises two issues on appeal, only one of which merits discussion. On the competency issue, we affirm under the authority of Awolowo v. State, 389 So. 3d 788 (Fla. 1st DCA 2024). Here, like in Awolowo, nothing in defense counsel's motion for a competency evaluation, the trial court's order authorizing the evaluation, or the record as a whole provided reasonable grounds to believe that Richardson was not mentally competent to proceed. Thus, the alleged error by the trial court in failing to hold a competency hearing or make a competency determination does not amount to fundamental error.

Affirmed.

I dissent for the compelling and correct reasons Judge Bilbrey articulated in Awolowo, 389 So. 3d at 799.

Per Curiam.

Lewis and Ray, JJ., concur; Kelsey, J., dissents. Kelsey, J., dissenting.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network