McCANTS v. STATE

No. XX-94.

395 So.2d 278 (1981)

Joseph McCants, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 13, 1981.


Attorney(s) appearing for the Case

Nancy A. Daniels, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

McCants appeals the judgment and sentence rendered below, finding him guilty of resisting arrest with violence, alleging the trial court failed to order a competency hearing. We agree with appellant and reverse.

During appellant's trial, he appeared as a witness in his own behalf. A thorough review of the record on appeal shows McCants as incoherent and irrational throughout his trial. When asked to swear on the Bible, appellant responded: "That...

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