WILFREDO PEREIRA
v.
STATE
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A trial court must enter a written competency order when it finds a defendant competent to proceed, even when competency is decided by stipulation based on written reports alone.
[1] A trial court must enter a written order when finding a defendant competent to proceed, even when competency is determined by stipulation based on written reports alone,…
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Join FLexlaw to unlock all legal intelligence“trial court may by stipulation decide issue of competency based on written reports alone but must enter written order if defendant is found competent to proceed”
Court cited Dougherty v. State to establish the requirement for a written competency order
Wilfredo Pereira was tried and convicted by jury of dealing in stolen property. The trial court determined Pereira was competent to proceed but failed…
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PER CURIAM.
We affirm the judgment and sentence entered against Wilfredo Pereira after a jury found him guilty of dealing in stolen property. However, because the trial court failed to enter a written competency order after independently determining Pereira was competent to proceed, we remand for entry of a nunc pro tunc written order finding him competent.
See Fla. R. Crim. P. 3.212(b), (c)(7); Dougherty v. State, 149 So. 3d 672, 678-79 (Fla.
2014) (finding trial court may by stipulation decide issue of competency based on written reports alone but must enter written order if defendant is found competent to proceed);
Ortiz v. State, 55 So. 3d 724, 724 (Fla. 5th DCA 2011) (affirming judgment and sentence but remanding for entry of written competency order).
AFFIRMED; REMANDED with directions.
BERGER, WALLIS and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Ortiz v. State, 55 So. 3d 724 (Fla. 5th DCA 2011)