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

QUESTION(S) PRESENTED 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 6 protect his right not to be tried or convicted while incompetent. ,