Christian J. Villalba-Santos v. State of Florida

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-2219
LT Case No. 2019-CF-004011-A
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CHRISTIAN J. VILLALBA-SANTOS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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3.850 Appeal from the Circuit Court for Marion County.
Barbara Kissner, Judge.
Christian J. Villalba-Santos, Monticello, pro se.
No Appearance for Appellee.
January 23, 2026
PER CURIAM.
Christian J. Villalba-Santos appeals an order summarily
denying his Amended Motion for Postconviction Relief filed
pursuant to Florida Rule of Criminal Procedure 3.850. We reverse
the denial of amended claim 6, but otherwise affirm.
In amended claim 6, Villalba-Santos alleged that he was
incompetent to proceed to trial, and that an expert confirmed as
much, but that his counsel failed to move for a competency

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determination. See Turem v. State, 220 So. 3d 504, 506 (Fla. 5th
DCA 2017) (“A claim that counsel failed to investigate a
defendant’s mental health and failed to seek a competency
determination is cognizable in a rule 3.850 motion.”); Thompson v.
State, 88 So. 3d 312, 318–19 (Fla. 4th DCA 2012). This claim is
sufficiently pled, and the postconviction court did not attach any
records to its order conclusively refuting the claim. See Fla. R.
Crim. P. 3.850(f).1 Accordingly, we reverse and remand as to
amended claim 6 for the postconviction court to attach records
conclusively refuting the claim or for an evidentiary hearing.
AFFIRMED in part; REVERSED in part; and REMANDED.
JAY, C.J., and MAKAR and EISNAUGLE, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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1 Florida Rule of Criminal Procedure 3.850(f) has since been
amended and re-lettered to 3.850(h), effective January 1, 2026.