If a defendant is determined to be incompetent to proceed after being found guilty of an offense or violation of probation or community control or after voluntarily entering a plea to an offense or violation of probation or community control, but prior to sentencing, the court shall postpone the pronouncement of sentence and proceed pursuant to rule 3.210 (et seq.) and the following rules.
RULE 3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
- This rule applies if a defendant is found incompetent *after* a verdict or plea, but *before* sentencing.
- In this situation, the court must postpone the sentencing hearing.
- The court must then follow the same procedures outlined in the main incompetency rules (starting with Rule 3.210) for evaluation, treatment, and restoration of competency.
- The goal is to ensure a defendant understands the nature and consequences of the sentence being imposed.
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1988 Amendment. Title. This new rule replaces the former rule 3.740. It was felt to be more appropriately addressed in this sequence. The former rule 3.214 is now renumbered 3.215. The former rule 3.740 used the inappropriate phrase “(p)rocedures when insanity is alleged as cause for not pronouncing sentence.” Insanity is an affirmative defense to a criminal charge. The more correct term is “incompetence to proceed to sentencing.”
(a) This new provision reiterates amendments to rule 3.210 and provides that sentencing shall be postponed for a defendant incompetent to proceed with disposition of a criminal matter—to include a finding of guilt at trial, after entry of a voluntary plea, or after a violation of probation or community control proceeding.
Introductory Note Relating to Amendments to Rules 3.210 to 3.219. See notes following rule 3.210 for the text of this note.