PEREIRA
v.
STATE
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A trial court must enter a written order finding a defendant competent to proceed, even when the competency determination is made by stipulation based on written reports alone.
[1] A trial court must enter a written order finding a defendant competent to proceed even when the competency determination is made by stipulation based solely on written re…
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Join FLexlaw to unlock all legal intelligencePereira was convicted by jury of dealing in stolen property. The trial court determined Pereira was competent to proceed but failed to enter a written…
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PER CURIAM.
*379We 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
Cited By
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Adams v. State (Fla. 5th DCA 2020)
Authorities Cited
- Dougherty v. State, 149 So. 3d 672 (Fla. 2014)
- Ortiz v. State, 55 So. 3d 724 (Fla. 5th DCA 2011)
- Quiana A. Felders v. State, 55 So. 3d 724 (Fla. 5th DCA 2011)