BERNARD WILLIAMS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-10-26
No. 17-3665
Adams, Sr., J., Evander, J., Lambert, J., Edwards, J.
255 So. 3d 534 Florida District Court of Appeal, Fifth District (2018)

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Holding

When the State confesses error regarding the trial court's failure to issue a written order on competency, the case must be reversed and remanded for the trial court to render such an order.


Headnotes

[1] A trial court must issue a written order addressing the issue of competency, and failure to do so constitutes reversible error when the State confesses such error.

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Facts & Procedural History

Bernard Williams appealed from a Circuit Court decision in Seminole County. The appeal involved an issue of competency for which the trial court had n…

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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

BERNARD WILLIAMS,

Appellant,

v. Case No. 5D17-3665

STATE OF FLORIDA,

Appellee.

/

Opinion filed October 26, 2018

Appeal from the Circuit Court for Seminole County, John H. Adams, Sr., Judge.

James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONFESSION OF ERROR

PER CURIAM.

Based upon Appellee’s confession of error, with which we agree, we remand this cause with instructions for the trial court to render a written order on the issue of competency. See Davis v. State, 239 So. 3d 202 (Fla. 5th DCA 2018). REVERSED and REMANDED.

EVANDER, LAMBERT and EDWARDS, JJ., concur.


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