MAYKEL TORRES
v.
STATE OF FLORIDA
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A trial court must enter a written order memorializing its competency finding even when it has orally announced the finding on the record.
[1] A trial court must enter a written order memorializing its competency finding pursuant to Florida Criminal Procedure Rule 3.212(b), even when the court has made an oral c…
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Join FLexlaw to unlock all legal intelligenceTorres was convicted of burglary of an unoccupied dwelling and grand theft. The trial court held a competency hearing and orally found Torres competen…
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PER CURIAM. We affirm appellant’s convictions and sentences for burglary of an unoccupied dwelling and grand theft. However, because the trial court held a competency hearing and orally found appellant competent to proceed but failed to enter the required written order, we remand this case solely for the trial court to enter a nunc pro tunc order memorializing its competency finding. See Fla. R. Crim. P. 3.212(b); Charles v. State, 223 So. 3d 318, 330 (Fla. 4th DCA 2017); Johnson v. State, 266 So. 3d 234, 236 (Fla. 2d DCA 2019); Sallee v. State, 244 So. 3d 1143, 1146–47 (Fla. 2d DCA 2018). Affirmed and Remanded. TAYLOR, MAY and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sallee v. State, 244 So. 3d 1143 (Fla. 2d DCA 2018)
- Johnson v. State, 266 So. 3d 234 (Fla. 2d DCA 2019)