MACALUSO v. STATE

No. 4D08-329.

12 So.3d 914 (2009)

Dennis MACALUSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 8, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

Defendant was found incompetent to stand trial and sent to a facility. The court held a hearing five months later. His attorney advised the court that he had since been found competent based on "evaluations that were obtained by the Public Defender's Office." Without further hearing or evidence, the court spontaneously declared defendant competent to begin trial and the case proceeded to trial. Before jury selection...

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