JEFFREY L. CORBITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jeffrey L. Corbitt appeals the final judgment after a jury found him guilty of seven charges. We affirm, but remand this case to the trial court to enter a written order of competency.
Corbitt correctly argues that when a defendant is adjudged incompetent and committed to a state hospital, and then subsequently is found competent, the trial court must enter a written order finding the defendant competent. See Fla. R.Crim. P. 3.212(c)7. However, as noted by this court in Marshall v. State, 351 So. 2d 88, 88 (Fla. 2d DCA 1977), where the trial court has entered an oral finding that the defendant is competent, but no written order of competency has been entered, the proper remedy is to affirm the judgment and to remand the case to the trial court for entry of a nunc pro tunc order finding the defendant competent to stand trial.
We affirm the final judgment, but remand this case to the trial court to enter a nunc pro tunc order finding Corbitt competent to stand trial.
CAMPBELL, A.C.J., and PARKER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Molina v. State, 946 So. 2d 1103 (Fla. 5th DCA 2006)…s the defendant competent to proceed, the appellate court may remand the case for entry of a written nunc pro tunc order. See Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006); Boone v. State, 805 So. 2d 1040 (Fla. 4th DCA 2002); Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999). . This court in Johnson explained: Rules 3.212(c)(6) and (7), Florida Rules of Criminal Procedure, provide that within 30 days of receiving notice that a defendant has regained competence, a court shall hold a hearing to determ…
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Holland v. State, 185 So. 3d 636 (Fla. 2d DCA 2016)…tency. See Dougherty, 149 So. 3d at 677. Accordingly, we remand the case to the trial court for entry5 of a nunc pro tunc order finding Holland competent to stand trial. See Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008); Corbitt v. State, 744 So. 2d 1130, 1130 (Fla. 2d DCA 1999). Affirmed; remanded with directions. KELLY and KHOUZAM, JJ., Concur.…
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Odane Shakes v. State, 185 So. 3d 679 (Fla. 2d DCA 2016)…te concedes that the trial court was required to enter a written finding that Shakes was competent to proceed and that remand is necessary for entry of an order. See Fla. R.Crim. P. 3.212(c)(7); Dougherty, [*683] 149 So. 3d at 678; Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999); Hunter, 174 So. 3d at 1015.…
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- Marshall v. State, 351 So. 2d 88 (Fla. 2d DCA 1977)
- Shelton v. State, 351 So. 2d 88 (Fla. 2d DCA 1977)