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MAIRENA v. STATE

No. 5D08-1366.

6 So.3d 80 (2009)

Humberto MAIRENA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 6, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

Humberto Mairena appeals his conviction of sexual battery on a child less than 12 years of age. He contends that the trial court erred by conducting his trial when the court was presented with reasonable grounds to question his competency. We reverse Mairena's conviction and remand for a new trial contingent upon a determination that Mairena is competent to proceed.

Mairena was charged with capital sexual battery. Early in the proceedings, defense...

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