MARGARET CELESTE LUCAS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-05
No. 17-1396
238 So. 3d 1290 Florida District Court of Appeal, First District (2018)

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Holding

When a trial court finds a defendant competent to proceed, it must enter a nunc pro tunc written order reflecting its competency determination, even if the court previously announced the decision orally.


Headnotes

[1] A trial court must enter a written nunc pro tunc order documenting its adjudication that a defendant is competent to proceed, notwithstanding any prior oral pronouncement…

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Facts & Procedural History

Margaret Celeste Lucas was convicted and sentenced in Duval County. The trial court orally found her competent to proceed but failed to enter a writte…

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Opinion of the Court

PER CURIAM.

We affirm Appellant’s judgment and sentence but remand for the trial court to enter a nunc pro tunc order consistent with its oral order adjudicating Appellant competent to proceed. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015).

JAY, WINSOR, and M.K. THOMAS, JJ., concur.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

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