CAN, a Defendant pursuant to Florida Rules of Criminal Procedure § 3.210
be proceeded against in a criminal proceeding where a question of Defendant 's
competency has been raised by Counsel and recognized by the Court, where the
Court ordered an expert to evaluate Defendant, yet no hearing for legally
establishing Defendant 's competency had been held by the Trial Court. Creating a
fundamental error in the proceedings resulting in a Manifest Injustice in violation of
the Due Process Clause of the Fifth and Fourteenth Amendment of the United States
Constitution and Article One, Section Nine of the Florida Constitution. Where a
Defendant has a procedural Due Process right to observance of procedures adequate
to protect his right not to be tried or convicted while incompetent.

Whether a defendant can be proceeded against in a criminal proceeding where a question of the defendant's competency has been raised and recognized by the court, but no hearing has been held to legally establish the defendant's competency, resulting in a fundamental error and manifest injustice in violation of the due process clause