NANCY ORTIZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-03-04
No. 5D10-2483
GRIFFIN, LAWSON and EVANDER, JJ., concur.
55 So. 3d 724 Florida District Court of Appeal, Fifth District (2011) Caution
Cited by 5 cases
Topics
Competency Hearing Nunc Pro Tunc Order

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Opinion of the Court
PER CURIAM.

PER CURIAM.

After a full and independent review of the record, we affirm Appellant’s judgments and sentences without discussion in this Anders1 appeal. However, we find one matter in need of correction. An issue as to Appellant’s competence arose after she entered her pleas below. Ultimately, the trial judge conducted a competency hearing at which he found Appellant to be competent before proceeding to sentencing. However, no written competency order appears in the record. See Fla. R.Crim. P. 3.212(b) (“If the court finds the defendant competent to proceed, the court shall 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Francis v. State, 65 So. 3d 103 (Fla. 5th DCA 2011)
    …the trial court for entry of a nunc pro tunc order finding the defendant competent to stand trial.”). Accord Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008); Bailey v. State, 931 So. 2d 224, 225 (Fla. 1st DCA 2006). See also Ortiz v. State, 55 So. 3d 724, 724 (Fla. 5th DCA 2011).1 Judgment and Sentence AFFIRMED; Case REMANDED for entry of proper order. MONACO, C.J., PALMER, and JACOBUS, JJ., concur. . The only difference between the situation in Ortiz and the instant case was that the defend…
  • Mason v. State, 71 So. 3d 229 (Fla. 1st DCA 2011)
    …f competency after the defendant has previously been found 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.…
  • Pereira v. State, 244 So. 3d 378 (Fla. 5th DCA 2018)

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