MARK SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
967 So. 2d 1002
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 5 cases
Opinion of the Court
LAWSON, J.
In this appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm appellant’s convictions and sentences. However, we remand with directions that the trial court enter a written order finding defendant competent to proceed, nunc pro tunc to the date that the trial court made its oral finding of competency. See Molina v. State, 946 So. 2d 1103, 1105 n. 1 (Fla. 5th DCA 2006).
AFFIRMED AND REMANDED WITH DIRECTIONS.
GRIFFIN and THOMPSON, JJ., concur.
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Smith v. State, 119 So. 3d 530 (Fla. 5th DCA 2013)…only apply Graham as it is written. If the Supreme Court has more in mind, it will have to say what that is. (Footnotes omitted). AFFIRMED. PALMER and WALLIS, JJ., concur. . Smith’s convictions were affirmed on direct appeal. See Smith v. State, 967 So. 2d 1002 (Fla. 5th DCA 2007). He did not appeal the denial of his initial rule 3.850 motion for postconviction relief. We find that Smith’s double jeopardy claim is both procedurally and time barred.…
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Blackhall v. State, 12 So. 3d 1277 (Fla. 5th DCA 2009)…s convictions and sentences. However, we remand with directions that the trial court enter a written order finding Appellant competent to proceed nunc pro tunc to the date that the trial court made its oral finding of competency. See Smith v. State, 967 So. 2d 1002 (Fla. 5th DCA 2007); Molina v. State, 946 So. 2d 1103, 1105, n. 1 (Fla. 5th DCA 2006). [*1278] AFFIRMED and REMANDED with Directions. SAWAYA, PALMER and EVANDER, JJ., concur.…
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Goode v. State (Fla. 5th DCA 2020)
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Molina v. State, 946 So. 2d 1103 (Fla. 5th DCA 2006)