WILLIAM EDWARD PERRY JR.
v.
STATE OF FLORIDA
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A trial court's oral competency determination must be memorialized in a written order entered nunc pro tunc when not previously reduced to writing.
[1] A trial court's oral competency determination must be memorialized by entry of a written order, which may be entered nunc pro tunc if not contemporaneously reduced to wri…
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Join FLexlaw to unlock all legal intelligence“remand solely for the court to enter a written adjudication nunc pro tunc of its competency determination”
The court explained the remand's limited scope and purpose.
William Edward Perry Jr. appealed his conviction and sentence from Escambia County Circuit Court. The trial court had made an oral competency determin…
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July 15, 2019 PER CURIAM.
We affirm Appellant’s judgment and sentence, and remand solely for the court to enter a written adjudication nunc pro tunc of its competency determination. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015) (remanding for entry of nunc pro tunc written order). We find no error as to Appellant’s other points raised on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
LEWIS, ROWE, and MAKAR, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.