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453 So. 2d 405

Garron v. Bergstrom

Supreme Court of Florida

Decided July 12, 1984

Supreme Court of Florida · decided 1984-07-12

Cited by 2 later decisions — most recently January 1991

2 state decisions

Key passage — most relied on by later courts

“(a) When in any criminal case counsel for a defendant adjudged to be indigent or partially indigent, whether public defender or court appointed, shall have reason to believe that the defendant may be incompetent to stand trial or that he may have been insane at the time of the offense, he may so inform the court who shall appoint one expert to examine the defendant in order to assist his attorney in the preparation of his defense.”

quoted by 1 later decision, including 503 So. 2d 1304 - Tingle v. State

Relies on 448 So. 2d 1007 - State v. Hamilton

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-12

View the full empirical analysis of this case →

OVERTON, Justice.

¶1This cause is before us on a petition for writ of mandamus. We have jurisdiction. Art. V, § 3(b)(8), Fla. Const.

¶2Petitioner was charged with two counts of first-degree murder. He was adjudicated indigent and a public defender was appointed to represent him. The trial court, in response to petitioner’s motion pursuant to Florida Rule of Criminal Procedure 3.216(a), appointed a psychiatric expert to aid in the preparation of his defense.

¶3The petitioner subsequently filed a motion for a court determination of competency to stand trial, pursuant to Florida Rule of Criminal Procedure 3.210, and a notice of intention to rely upon insanity as a defense. The trial court appointed two mental health professionals to examine petitioner for the court. Upon receiving their reports, the court found that petitioner was incompetent to stand trial and committed him to a treatment facility.

¶4Subsequently, after re-evaluation, the court found that petitioner was competent to stand trial. Defense counsel then moved for the appointment of an expert to assist in the preparation of petitioner’s defense because the previously appointed expert had died in the interim. The trial court denied this motion, concluding that petitioner had already received the services of a court-appointed expert and was not entitled to the appointment of another expert.

¶5Petitioner seeks a writ of mandamus requiring the respondent to appoint an expert *406to assist in the preparation of his defense. We grant the relief sought. In our recent decision in State v. Hamilton, 448 So.2d 1007 (Fla.1984), we held that

when counsel for an indigent defendant has “reason to believe” that his client “may be incompetent to stand trial or that he may have been insane at the time of the offense,” the defendant is entitled to have the court appoint one expert to assist in the preparation of his defense.

¶6Id. at 1008. We determined in Hamiltonthat rule 3.216(a) gives the trial court no discretion in acting to appoint an expert to assist in the preparation of a defense. The fact that the petitioner in the instant case had an appointed expert who later died does not control.

¶7Accordingly, respondent is hereby directed to appoint a psychiatric expert to assist petitioner. We withhold the formal issuance of the writ of mandamus, however, because we believe the respondent will comply with our directions in this opinion.

¶8It is so ordered.

BOYD, C.J., and ADKINS, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.
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