DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT GUSTAVO ENAMORADO DUBON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D18-1867 [April 22, 2020] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara R. Duffy, Judge; L.T. Case No. 12-17955- CF10A. Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. Gustavo Enamorado Dubon appeals his convictions and concurrent life sentences for first-degree murder and armed kidnapping. Appellant was charged by indictment with the first-degree murder and armed kidnapping of the victim, Francisco Cuevas. He was convicted after a jury trial and sentenced to concurrent terms of life in prison. We affirm the convictions in all respects, but remand to the circuit court to conduct further competency proceedings. Facts The Victim’s Disappearance and Death The victim and Hagen Christ were business partners in Pyro Industries, a firm that built commercial kitchen hoods. The victim handled the business side of the operation, while Christ was the shop manager. The victim had a falling out with Christ and was planning to dissolve the partnership by the end of 2007. Before the victim’s disappearance, the victim’s mother and sister typically would talk to him several times a week. The last time either spoke to him was on November 2, 2007. When they did not hear from him for several days, they went to the Coral Springs Police Department and reported him missing on November 6, 2007. A surveillance video shows that on the morning of November 3, 2007, the victim entered a Dunkin’ Donuts in a shopping plaza near his home in Coral Springs. That same day, the victim dropped off his dog to be groomed at a “puppy spa” in the same plaza. The victim never returned for his dog. Shortly after the victim went missing, Christ withdrew over $50,000 from a Pyro Industries bank account. About five months after the victim’s disappearance, a worker was removing trees in an area of Palm Beach Gardens near the Beeline Highway and the Florida Turnpike. He came across a welded steel box and moved it out of the way with his excavator, leaving a rip in the box. The box emitted a strong odor, prompting him to call the police. The box contained a human head barely attached to a shoulder, a portion of a chest, and a left foot. The medical examiner determined that the decedent suffered four lacerations consistent with blows to the head and a number of saw cuts though his jawbone. Additionally, the decedent’s throat “was all cut up.” The medical examiner could not tell whether the sharp injuries occurred before or after the decedent’s death. A forensic anthropologist testified that the only instance of antemortem trauma that she could discern from the body was “a fracture to the nose and then also a deviated septum.” The forensic anthropologist further testified ...

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