AMERICA O. HERNANDEZ
v.
STATE OF FLORIDA
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A trial court must enter a formal written order declaring a defendant competent to proceed, not merely signed court minutes.
[1] A trial court's determination that a defendant is competent to proceed must be memorialized in a formal written order rather than in signed court minutes.
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Join FLexlaw to unlock all legal intelligence“we reverse and remand for entry of a formal written order, in place of the current signed court minutes, declaring Appellant competent to proceed”
The court's disposition regarding the competency determination
Appellant Hernandez was sentenced for violating condition 9 of her community control. The trial court declared her competent to proceed but did so thr…
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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
AMERICA O. HERNANDEZ,
Appellant,
v. Case No. 5D19-2361
STATE OF FLORIDA,
Appellee.
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Opinion filed April 17, 2020 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge. James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the sentence imposed by the lower court with regard to Appellant’s violation of condition 9 of her community control. However, we reverse and remand for entry of a formal written order, in place of the current signed court minutes, declaring 2 Appellant competent to proceed. See Dougherty v. State, 149 So. 3d 672, 679 (Fla. 2014); Fla. R. App. P. 9.020(f). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR ENTRY OF A FORMAL WRITTEN ORDER. ORFINGER, EDWARDS and EISNAUGLE, JJ., concur.