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District Court of Appeal of Florida


Molina v. State of Florida, 5D05-2121

A conviction and sentence for robbery with a firearm is reversed where it constituted fundamental error for defendant, who had previously been found incompetent to proceed with trial, to be subsequently tried and convicted by a jury without a hearing to determine whether his competence had been restored and without a finding by the trial court to that effect.

Appellate Information

  • Decided 12/08/2006
  • Published 12/08/2006

Judges

  • SAWAYA, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant.

  • For Appellees:
  • Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.
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