SAMUEL ALFONSO CHILDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-09-22
No. 2D09-111
NORTHCUTT and CRENSHAW, JJ, Concur.
44 So. 3d 216 Florida District Court of Appeal, Second District (2010) Caution
Cited by 5 cases
Topics
Anders V. California Anders V. California Procedure Nunc Pro Tunc Order Competency To Stand Trial

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Opinion of the Court
VILLANTI, Judge.

VILLANTI, Judge.

This is an appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Samuel Alfonso Childs was convicted of robbery with a firearm after a jury trial and was sentenced to twenty years in prison. After careful review of the record, we find no error and affirm Childs’ conviction and sentence. However, we remand the case to the trial court to enter a written order of competency.

The record reflects that the trial court orally found Childs competent to stand trial, but there is no written order of competency. Therefore, we remand for entry of a written order nunc pro tunc. See, e.g., 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 with directions.

NORTHCUTT and CRENSHAW, JJ, Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ortiz v. State, 55 So. 3d 724 (Fla. 5th DCA 2011)
    …ll enter its order so finding and shall proceed.”). Accordingly, we remand this matter with directions that the trial judge enter an order memorializing his oral ruling nunc pro tunc to the date of the competency hearing. See, e.g., Childs v. State, 44 So. 3d 216 (Fla. 2d DCA 2010). AFFIRMED; REMANDED with directions. GRIFFIN, LAWSON and EVANDER, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
  • Mason v. State, 71 So. 3d 229 (Fla. 1st DCA 2011)
    …incompetent) expressly require a written order, the decisions of this and other courts require a written order. Francis v. State, 65 So. 3d 103, 103 n. 1 (Fla. 5th DCA 2011); Ortiz v. State, 55 So. 3d 724 (Fla. 5th DCA [*230] 2011); Childs v. State, 44 So. 3d 216 (Fla. 2d DCA 2010); Martinez v. State, 851 So. 2d 832 (Fla. 1st DCA 2003). AFFIRMED and REMANDED with directions. DAVIS, VAN NORTWICK, and CLARK, JJ., concur.…
  • Rosariolugo v. State (Fla. 2d DCA 2025)

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