Junior Joseph v. State
This text of Junior Joseph v. State (Junior Joseph v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
JUNIOR JOSEPH,
Petitioner,
v. Case No. 5D18-511
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed May 25, 2018
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
Junior Joseph, pro se, Milton.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
It appears from the record that a question was raised regarding Petitioner’s
competency to proceed to trial. Although the record indicates that the trial court appointed
experts to evaluate Petitioner and held a competency hearing, it did not enter an order
adjudicating Petitioner competent. On the face of the record, appellate counsel was
ineffective for not addressing this issue in Petitioner’s direct appeal. Accordingly, we grant the petition for writ of habeas corpus and remand this cause to the trial court to
attempt to make a retroactive competency determination, if possible, or, failing which, to
grant Petitioner a new trial once he is competent to proceed. See Camacho v. State, 225
So. 3d 272 (Fla. 4th DCA 2017).
We deny the petition as to all other grounds.
PETITION GRANTED and CASE REMANDED.
SAWAYA, ORFINGER and TORPY, JJ., concur.
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