JEREMY E. THOMAS
v.
STATE
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When the State confesses error regarding the absence of a written competency order, the appellate court remands to the trial court to enter a nunc pro tunc written order of competency.
[1] When a trial court fails to enter a written order of competency, an appellate court may remand for entry of a nunc pro tunc written order upon the State's confession of e…
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Join FLexlaw to unlock all legal intelligenceJeremy Eugene Thomas appealed from a Circuit Court decision in Volusia County. The State subsequently confessed error regarding the trial court's fail…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEREMY EUGENE THOMAS,
Appellant,
v. Case No. 5D17-2592
STATE OF FLORIDA,
Appellee.
/
Opinion filed April 27, 2018
Appeal from the Circuit Court for Volusia County, Raul A. Zambrano, Judge.
James S. Purdy, Public Defender, and Glendon George Gordon, Jr., Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
ON CONFESSION OF ERROR
PER CURIAM.
Pursuant to the State’s Confession of Error, we remand this matter to the trial court for the entry of a nunc pro tunc written order of competency. See Mullens v. State, 197 So. 3d 16, 37-38 (Fla. 2016).
2
REMANDED.
ORFINGER, EVANDER, and LAMBERT, JJ., concur.