MARGARET CELESTE LUCAS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-04-05
No. 17-1398
Aho, J., Jay, J., Winsor, J., M.K. Thomas, J.
238 So. 3d 1290 Florida District Court of Appeal, First District (2018)
Cited by 1 case

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Holding

A trial court's oral order adjudicating a defendant competent to proceed must be memorialized in a written nunc pro tunc order.


Headnotes

[1] A trial court's oral order adjudicating a defendant competent to proceed must be memorialized by entry of a written nunc pro tunc order to create a proper record.

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Facts & Procedural History

Margaret Celeste Lucas appealed her judgment and sentence from the Circuit Court for Duval County. The trial court had made an oral order finding the …

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Opinion of the Court
M.K. Thomas

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Nos. 1D17-1396 1D17-1398 (Consolidated for disposition)

MARGARET CELESTE LUCAS,

Appellant, v. STATE OF FLORIDA,

Appellee.

On appeal from the Circuit Court for Duval County. Marianne L. Aho, Judge.

April 5, 2018

PER CURIAM.

We affirm Appellant’s judgment and sentence but remand for the trial court to enter a nunc pro tunc order consistent with its oral order adjudicating Appellant competent to proceed. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015).

JAY, WINSOR, and M.K. THOMAS, JJ., concur.


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