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D'OLEO-VALDEZ v. STATE

No. 86-572.

516 So.2d 1125 (1987)

Mario D'OLEO-VALDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 22, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Susan B. Lerner, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard L. Polin and Joni Braunstein, Asst. Attys. Gen., and Sue Fisher, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

Although he made no such complaint below, the defendant now claims error in the fact that the trial court, upon an appropriate suggestion of incompetency to stand trial, appointed only one examiner to render an evaluation1 rather than the two provided by Florida Rule of Criminal Procedure 3.210. Because the number of examiners is merely a non-fundamental procedural matter — unlike, for example a total failure...

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