JAVARIOUS R. THOMAS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2016-04-20
No. 1D15-4603
ROBERTS, C.J., SWANSON and KELSEY, JJ., concur.
189 So. 3d 331 Florida District Court of Appeal, First District (2016) Positive Treatment
Cited by 4 cases
Topics
Nunc Pro Tunc Hearing Retroactive Competency Determination Ineffective Assistance Of Appellate Counsel Competency To Stand Trial

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Opinion of the Court
PER CURIAM.

*332PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is granted. Following the procedure set forth in Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015), we reverse Thomas’s judgment and sentence in this case, and remand for the trial court to hold a nunc pro tunc hearing to determine Thomas’s competency to stand trial. As in Brooks,

If there is evidence that existed previously which supports a finding that [Thomas] was competent at the time of trial, the court may make a determination of competency, nunc pro tunc, with no change in the judgment.... However, if the court cannot make a retroactive determination, it must properly adjudicate [Thomas’s] present competency and, if [Thomas] is competent to proceed, conduct a new trial.

Brooks, 180 So.3d at 1096 (citations omitted).

PETITION GRANTED; REMANDED.

ROBERTS, C.J., SWANSON and KELSEY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alcazar v. State, 201 So. 3d 838 (Fla. 1st DCA 2016)
    …alleging ineffective assistance of appellate counsel is granted. We reverse petitioner’s judgment and sentence, and remand for the trial court to hold a nunc pro tunc hearing to determine petitioner’s competency to stand trial.' See Thomas v. State, 189 So. 3d 331 (Fla. 1st DCA 2016); Brooks v. State, 180 So. 3d 1094, 1096 (Fla. 1st DCA 2015). As in Brooks: If there is evidence that existed previously which supports a finding that [petitioner] was competent at the time of trial, the court may make a determ…
  • Thurman v. State, 202 So. 3d 463 (Fla. 1st DCA 2016)
    …PER CURIAM. The petition alleging ineffective assistance of appellate counsel is granted. Following the procedure set forth in Brooks v. State, 180 So. 3d 1094, 1096 (Fla. 1st DCA 2015), and followed in Thomas v. State, 189 So. 3d 331, 332 (Fla. 1st DCA 2016), we reverse Thurman’s judgment and sentence and order finding violation of probation, and remand for the trial court to hold a nunc pro tunc hearing to determine his competency to stand trial comporting with the requirements…

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