WILLIE MARSHALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Alexander v. State, 380 So. 2d 1188 (Fla. 5th DCA 1980)
  …se Rodriguez merely holds that in a competency hearing the court is required to enter a “formal adjudication” of competency pursuant to § 917.01, Fla.Stat., (1969), which controlled those proceedings at that time.2 And so also, in Marshall v. State, 351 So. 2d 88 (Fla. 2nd DCA 1977), the Court held that under former Rule 3.210, Fla.R.Crim.P., (1972), a written order of competency was required, and again cited Emerson, supra. A fair reading of former § 917.01, Fla.Stat. (1969), and of former Rule 3.210, Fla.R…
• Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999)
  …incompetent and committed to a state hospital, and then subsequently is found competent, the trial court must enter a written order finding the defendant competent. See Fla. R.Crim. P. 3.212(c)7. However, as noted by this court in Marshall v. State, 351 So. 2d 88, 88 (Fla. 2d DCA 1977), where the trial court has entered an oral finding that the defendant is competent, but no written order of competency has been entered, the proper remedy is to affirm the judgment and to remand the case to the trial court for…
• White v. State, 548 So. 2d 765 (Fla. 1st DCA 1989)
  …cedure, provided that after a hearing in which the defendant is found competent to stand trial, the trial court “shall enter its order so finding.”3 We hold that this language requires a written order. In so holding, we agree with Marshall v. State, 351 So. 2d 88 (Fla. 2d DCA 1977), wherein the Second District held that a written order was required by Rule 3.210(a)(4), Florida Rules of Criminal Procedure, and remanded the case for entry of a nunc pro tunc order. Although the rule construed in Marshall is an…

Authorities Cited

• Emerson v. State, 294 So. 2d 721 (Fla. 4th DCA 1974)