LEONARD EDWIN PARRY, JR.
v.
STATE OF FLORIDA
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Hearsay statements from a child victim were properly admitted, but remand is required for entry of a written order memorializing the trial court's competency finding.
[1] A trial court's finding of a defendant's competency to stand trial must be memorialized in a written order, and an appellate court may remand for entry of a nunc pro tunc…
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Join FLexlaw to unlock all legal intelligenceAppellant Parry was convicted in a case involving a child victim whose hearsay statements were admitted into evidence. The trial court found Appellant…
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October 11, 2019 PER CURIAM.
We reject Appellant’s argument that the child victim’s hearsay statements were erroneously admitted, but agree that the trial court failed to enter a written order after finding Appellant competent and remand for entry of a nunc pro tunc order doing so. See Hendrix v. State, 228 So. 3d 674, 677 (Fla. 1st DCA 2017).
AFFIRMED and REMANDED with instructions.
MAKAR, WINOKUR, and M.K. THOMAS, 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 A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.