PADEN v. STATE

No. 1D09-1722.

22 So.3d 149 (2009)

Kenneth PADEN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

November 20, 2009.


Attorney(s) appearing for the Case

Kenneth Paden, pro se, Petitioner.

Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Respondent.


PER CURIAM.

Kenneth Paden presents a timely claim of ineffective assistance of appellate counsel. He faults his counsel for failing to argue that the trial court fundamentally erred when, after initially adjudicating him incompetent, it thereafter proceeded to trial without holding an appropriate hearing or making a determination that he had been restored to competency. The state forthrightly concedes the trial court's error in this regard, and that its error is fundamental...

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