DILAN EDWARD ARNOLD

v.

STATE OF FLORIDA

Fla. 5th DCA | 2020-05-22

No. 18-2673

McKibben, J., Edwards, J., Grosshans, J., Traver, J.

Florida District Court of Appeal, Fifth District (2020)

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Holding

The conviction and sentence are affirmed, and the case is remanded for entry of a written competency order nunc pro tunc.

Headnotes

[1] When a trial court makes an oral finding of competency to proceed, the appellate court may remand with directions to enter a written order nunc pro tunc to the date of th…

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Facts & Procedural History

Dilan Edward Arnold was convicted in Brevard County Circuit Court. The trial court made an oral finding of competency but did not enter a written orde…

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Topics

Anders Appeal

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Opinion of the Court

Traver

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

DILAN EDWARD ARNOLD,

Appellant,

v. Case No. 5D18-2673

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed May 22, 2020

Appeal from the Circuit Court for Brevard County, Kelly J. McKibben, Judge.

James S. Purdy, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders¹ appeal, we affirm Dilan Edward Arnold’s conviction and sentence. We remand with directions that the trial court enter a written order finding Arnold

EDWARDS, GROSSHANS and TRAVER, JJ., concur.

Footnotes

1 Anders v. California, 386 U.S. 738 (1967).

2 competent to proceed nunc pro tunc to when the trial court made its oral finding of competency. See Smith v. State, 967 So. 2d 1002, 1002 (Fla. 5th DCA 2007). AFFIRMED and REMANDED with directions.

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Citator

Authorities Cited

Anders v. California, 386 U.S. 738 (U.S. 1967)
Smith v. State, 967 So. 2d 1002 (Fla. 5th DCA 2007)

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DILAN EDWARD ARNOLD v. STATE OF FLORIDA