ANTWAN ADAMS
v.
STATE OF FLORIDA
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A trial court must enter a written competency order after determining a defendant is competent to proceed, and failure to do so requires remand for entry of a nunc pro tunc order.
[1] A trial court must enter a written order finding a defendant competent to proceed, and failure to do so requires remand for entry of a nunc pro tunc order even when the s…
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Join FLexlaw to unlock all legal intelligenceAntwan Adams was found to have violated his community control. The trial court determined Adams was competent to proceed but failed to enter a written…
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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
ANTWAN ADAMS,
Appellant,
v. Case No. 5D19-1049
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 3, 2020
Appeal from the Circuit Court for Brevard County, Kelly J. McKibben, Judge.
James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca
Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the judgment and sentence entered against Antwan Adams after the trial court found that he had violated his community control. However, because the trial court failed to enter a written competency order after determining Adams was competent to proceed, we remand for entry of a nunc pro tunc written order finding him competent to
2 proceed. See Fla. R. Crim. P. 3.212(b),(c)(7); Pereira v. State, 244 So. 3d 378 (Fla. 5th DCA 2018). AFFIRMED; REMANDED WITH DIRECTIONS.
ORFINGER, COHEN and TRAVER, JJ., concur.