JAMES EDWARD BAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*225] PER CURIAM.
In this appeal, James Edward Bailey-raises two points: (1) the trial court erred in sentencing him as a prison releasee reoffender where the jury did not find beyond a reasonable doubt that he had been released from prison within three years; and (2) the trial court erred by allowing him to proceed to trial, without first entering a written order finding him competent to proceed, where he had previously been found incompetent to proceed. We have previously addressed and rejected the argument Bailey raises in his first point. See Peterson v. State, 911 So. 2d 184 (Fla. 1st DCA 2005). As to the second point, pursuant to Bailey’s request, we remand the cause for entry of a nunc pro tunc order finding Bailey competent to stand trial. See Fla. R.Crim. P. 3.212(c)(7); Martinez v. State, 851 So. 2d 832, 833-34 (Fla. 1st DCA 2003); White v. State, 548 So. 2d 765, 768 (Fla. 1st DCA 1989).
AFFIRMED; but REMANDED for further proceedings.
KAHN, C. J„ ERVIN and VAN NORTWICK, JJ., Concur.
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Molina v. State, 946 So. 2d 1103 (Fla. 5th DCA 2006)…TORPY and EVANDER, JJ., concur. . The order should be in writing. In the event the trial court orally finds the defendant competent to proceed, the appellate court may remand the case for entry of a written nunc pro tunc order. See Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006); Boone v. State, 805 So. 2d 1040 (Fla. 4th DCA 2002); Corbitt v. State, 744 So. 2d 1130 (Fla. 2d DCA 1999). . This court in Johnson explained: Rules 3.212(c)(6) and (7), Florida Rules of Criminal Procedure, provide that within…
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Rumph v. State, 217 So. 3d 1092 (Fla. 5th DCA 2017)…(Fla. 4th DCA 2009)). If the trial court finds that the defendant is competent to proceed, it must enter a written order adjudicating the defendant competent. Fla. R. Crim. P. 3.212(b), (c)(7); Molina, 946 So. 2d at 1105 n.1 (citing Bailey v. State, 931 So. 2d 224 (Fla. 1st DCA 2006)). Competency is a legal rather than a medical question, and the expert reports prepared by the examiners are merely advisory. See Dougherty v. State, 149 So. 3d 672, 677-78 (Fla. 2014) (citing McCray, 71 So. 3d at 862). The part…
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Tush-ee Lewis Hunter v. State, 174 So. 3d 1011 (Fla. 1st DCA 2015)…, as required by rule 3.212(c)(7). As we did in Martinez, we simply remand to the trial court to enter the needed written adjudication nunc pro tunc. See id., at 834; see also Powell v. State, 28 So. 3d 958, 958 (Fla. 1st DCA 2010); Bailey v. State, 931 So. 2d 224, 225 (Fla. 1st DCA 2006); White v. State, 548 So. 2d 765, 768 (Fla. 1st DCA 1989); Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008). Hunter next argues that the trial court abused its discretion in admitting the recording of a 9-1-1 call wh…
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- White v. State, 548 So. 2d 765 (Fla. 1st DCA 1989)
- Martinez v. State, 851 So. 2d 832 (Fla. 1st DCA 2003)
- Peterson v. State, 911 So. 2d 184 (Fla. 1st DCA 2005)