WALTER LEWIS JOHNSON, JR.
v.
STATE OF FLORIDA
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A trial court's proper competency determination need not be accompanied by a contemporaneous written order if the determination is adequately reflected in the record, but an appellate court may remand for entry of a nunc pro tunc written order for clarity.
[1] A trial court's competency determination need not be accompanied by a contemporaneous written order if it is adequately reflected in the record, but an appellate court ma…
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Join FLexlaw to unlock all legal intelligenceJohnson was convicted in Duval County circuit court. The trial court raised a competency concern, had Johnson evaluated, and made a competency determi…
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July 25, 2018 PER CURIAM.
We affirm Appellant’s judgment and sentence, and remand solely for the court to enter a written adjudication nunc pro tunc of the competency determination the court has already made. See Hunter v. State, 174 So. 3d 1011, 1015 (Fla. 1st DCA 2015) (remanding for entry of nunc pro tunc written order). The record reflects that the court made a proper and independent adjudication of Appellant’s competency after the court raised a competency concern and had Appellant evaluated. We reject Appellant’s other arguments on appeal without further comment.
AFFIRMED; REMANDED for entry of order. LEWIS, KELSEY, and WINSOR, 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 Barbara Busharis, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Amanda Stokes, Assistant Attorney General, Tallahassee, for Appellee.