JMOND LEONARDO WHITE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-12-27
No. 18-3868
Overstreet, J., Lewis, J., Makar, J., Bilbrey, J.
Florida District Court of Appeal, First District (2019)

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Holding

A trial court must enter a written order setting forth its independent findings regarding a defendant's competency determination.


Headnotes

[1] A trial court must enter a written order setting forth its independent findings regarding a defendant's competency determination.

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Key Quotes

“a trial court must delineate its findings regarding the competency of the defendant in a written order.”

Citation to Mullens v. State, 197 So. 3d 16, 37 (Fla. 2016)

Facts & Procedural History

Jmond Leonardo White appealed his conviction. The trial court failed to enter a written order with findings regarding White's competency.…

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Opinion of the Court
Bilbrey

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-3868 _____________________________

JMOND LEONARDO WHITE,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.

December 27, 2019

PER CURIAM.

In this Anders1 appeal, we issued a Causey2 order directing counsel to file supplemental briefs addressing whether the trial court reversibly erred by failing to conduct a competency hearing or make an independent determination as to the competency of Appellant, Jmond Leonardo White, and by failing to enter a written order with its findings as to competency. We remand for further proceedings because, as the State concedes, no written order of competency was entered. See McCray v. State, 265 So. 3d 659, 662 (Fla. 1st DCA 2019). In that order the trial court shall set

2

forth its independent findings as to its determination of White’s competency. See Mullens v. State, 197 So. 3d 16, 37 (Fla. 2016) (“a trial court must delineate its findings regarding the competency of the defendant in a written order.”).

REMANDED with instructions. LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Appellee.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967). 2 State v. Causey, 503 So. 2d 321 (Fla. 1987).

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