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KELLY v. STATE

No. 4D00-4210.

797 So.2d 1278 (2001)

Ephone KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 31, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, C.J.

Ephone Kelly timely appeals after the trial court convicted him of two counts of simple assault on a police officer and thereafter revoked his probation.1 He was sentenced to one year in county jail with credit for time served. He argues the court erred when it failed to order that he undergo a competency evaluation before trial ensued. We agree and reverse his conviction.

The trial judge in this case acknowledged on...

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