ARMANDO J. DOCTOR
v.
STATE OF FLORIDA
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A trial court's oral determination of a defendant's competency to proceed must be memorialized in a written nunc pro tunc order.
[1] A trial court's determination of a defendant's competency to proceed must be documented in a written order, even when made orally during trial proceedings.
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Join FLexlaw to unlock all legal intelligence“We affirm in all respects, but remand for entry of a nunc pro tunc written order adjudicating him competent to proceed based upon the court's independent determination of Doctor's competency.”
The court's disposition of the appeal
Armando Doctor was convicted by jury of robbery. The trial court made an oral determination of Doctor's competency to proceed but did not enter a writ…
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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
ARMANDO J. DOCTOR,
Appellant,
v. Case No. 5D18-3139
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 13, 2019
Appeal from the Circuit Court for Orange County, Keith F. White, Judge.
James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kellie
A.
Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Armando Doctor appeals the judgment and sentence entered after a jury found him guilty of robbery. We affirm in all respects, but remand for entry of a nunc pro tunc written order adjudicating him competent to proceed based upon the court’s independent
2 determination of Doctor’s competency. See Hendrix v. State, 224 So. 3d 823, 824 (Fla. 2d DCA 2017).
AFFIRMED; REMANDED with instructions.
EVANDER, C.J., HARRIS and GROSSHANS, JJ., concur.