VICTOR WRIDEN
v.
STATE

Fla. 5th DCA | 2018-03-05
No. 16-4087
Apte, J., Sawaya, J., Orfinger, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

Convictions and sentences are affirmed, but the trial court must enter a written competency order nunc pro tunc to August 27, 2015, when competency was orally found on the record.


Headnotes

[1] When a trial court orally finds a defendant competent to proceed on the record, a written order adjudicating competency may be entered nunc pro tunc to the date of the or…

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Facts & Procedural History

Victor Wriden was convicted and sentenced. The trial court orally found Wriden competent to proceed on August 27, 2015, but did not enter a written or…

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Opinion of the Court
Edwards

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

VICTOR WRIDEN,

Appellant,

v. Case No. 5D16-4087

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 9, 2018

Appeal from the Circuit Court for Orange County, Alan S. Apte, Judge.

James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Victor Wriden’s convictions and sentences. However, we remand this matter to the trial court to enter a written order adjudicating Wriden competent to proceed nunc pro tunc to August 27, 2015, the date when the trial court orally found on the record that Wriden was competent.

2

AFFIRMED AND REMANDED FOR ENTRY OF ORDER.

SAWAYA, ORFINGER and EDWARDS, JJ., concur.


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