TRAVIS HOWARD
v.
STATE OF FLORIDA
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Convictions for attempted manslaughter by act and robbery with a firearm discharge are affirmed, but the case is remanded for entry of a written competency order and correction of felony classification errors in the judgment.
[1] A trial court's oral findings regarding a defendant's competency must be memorialized in a written order, nunc pro tunc if necessary, to comply with appellate review requ…
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Join FLexlaw to unlock all legal intelligenceTravis Howard was convicted of attempted manslaughter by act and robbery with a firearm discharge. The trial court made oral findings regarding compet…
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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
TRAVIS HOWARD, Appellant, v. Case No. 5D18-940
CORRECTED OPINION
STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 21, 2018 Appeal from the Circuit Court for Orange County, John E. Jordan, Judge. James S. Purdy, Public Defender, and Sean Kevin Gravel and Thomas J. Lukashow, Assistant Public Defenders, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Travis Howard’s convictions for attempted manslaughter by act and robbery with a firearm discharge without further comment. However, we remand for entry of an appropriate written competency order, nunc pro tunc, consistent with the trial court’s oral findings. See Rumph v. State, 217 So. 3d 1092, 1095 (Fla. 5th DCA 2017).
2 Additionally, the judgment incorrectly lists attempted manslaughter by act as a life felony when it is a third-degree felony. See §§ 777.04(4)(a); 782.07(1), Fla. Stat. (2016). The judgment also lists robbery with a firearm as a first-degree felony when it is a first-degree felony punishable by life. § 812.13(2)(a), Fla. Stat. (2016). On remand, these scrivener’s errors shall be corrected. No resentencing is required. AFFIRMED and REMANDED.
ORFINGER, TORPY and EVANDER, JJ., concur.