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938 So. 2d 579

Lewis v. State

District Court of Appeal of Florida

Decided September 20, 2006

District Court of Appeal of Florida · decided 2006-09-20

Relies on 716 So. 2d 761 - Hardy v. State

Decided 2006-09-20

PER CURIAM.

¶1This is an appeal from a finding that appellant violated his probation. We affirm the finding that appellant was competent at the VOP hearing. Hardy v. State, 716 So.2d 761 (Fla.1998) (where there is conflicting expert testimony regarding defendant’s competency, it is the trial court’s responsibility to resolve the factual dispute). We decline to address appellant’s contention that his counsel was ineffective for not raising the issue of his competency during the VOP hearing on this direct appeal.

¶2 Affirmed.

WARNER, KLEIN and GROSS, JJ., concur.
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