DAVID EDWARD ANDERSON
v.
STATE OF FLORIDA
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A trial court's oral finding of competency to proceed is insufficient; a written order must be entered as required by statute.
[1] A trial court's oral finding of competency to proceed must be memorialized in a written order.
[2] A conviction and sentence will be affirmed if the appellate court finds no error in the trial court's rulings on competency and sentencing.
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Join FLexlaw to unlock all legal intelligence“remanding for entry of written order of competency where trial court made an oral competency finding but failed to enter a written order as required by statute”
Citation to Mullens v. State, establishing the requirement for written competency orders
David Edward Anderson was convicted of possession of a firearm by a convicted felon and sentenced to prison. The trial court made an oral finding that…
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October 11, 2019 PER CURIAM.
Appellant was convicted of possession of a firearm by a convicted felon and sentenced to prison. On appeal he alleges the trial court erred by failing to find he was competent to proceed and in imposing sentence. We reject Appellant’s arguments and affirm the judgment and sentence. However, we remand for the trial court to enter a written order consistent with its oral finding that Appellant was competent to proceed. See Mullens v. State, 197 So. 3d 16 (Fla. 2016) (remanding for entry of written order of competency where trial court made an oral competency finding but failed to enter a written order as required by statute); McCray v. State, 265 So. 3d 659, 662 (Fla. 1st DCA 2019) (upholding finding of competency, but remanding for entry of written order).
AFFIRMED and REMANDED with directions.
WOLF and M.K. THOMAS, JJ., and DUNCAN, J. SCOTT, ASSOCIATE JUDGE, 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 Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.