WATTS v. STATE

No. 87-2307.

537 So.2d 699 (1989)

Carl WATTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mardi Levey Cohen, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

The defendant, charged with second degree homicide, slept through about seventy percent of his murder trial, whereat he was convicted. He claims he is entitled to a reversal because the trial court should have, on its own motion, initiated an incompetency hearing. Under the facts of this case, we disagree and affirm.

The defendant admits that he did not move for a hearing on competency under Florida Rule of Criminal Procedure 3.210(b). Nevertheless...

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