WILLIE GEORGE DIXON, JR.
v.
STATE OF FLORIDA
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A trial court's failure to conduct a proper competency determination requires reversal and remand for a nunc pro tunc competency evaluation, or if that cannot be done, a new trial.
[1] A trial court's failure to conduct a proper competency determination before trial is reversible error, and the appropriate remedy is remand for a nunc pro tunc competency…
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Join FLexlaw to unlock all legal intelligenceWillie George Dixon, Jr. was convicted in the Circuit Court for Escambia County. The trial court failed to conduct a proper competency determination b…
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August 16, 2018 PER CURIAM.
Willie George Dixon, Jr. raises three issues on appeal. The first, regarding the trial court’s failure to conduct a proper competency determination, requires reversal—which the State concedes. The other two we find to be without merit. The remedy is a remand for the trial court to conduct a nunc pro tunc competency evaluation; if one cannot be done, Dixon must receive a new trial. See Brooks v. State, 180 So. 3d 1094, 1095 (Fla. 1st DCA 2015).
MAKAR, WINOKUR, and WINSOR, JJ., concur.
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_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.