BRENDA M. BUSH
v.
STATE OF FLORIDA
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A trial court must enter a written order finding a defendant competent to proceed, even when the oral determination has already been made, and this must be done nunc pro tunc to the date of the original oral finding.
[1] A trial court must enter a written order documenting a finding of defendant competency pursuant to Fla. …
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Join FLexlaw to unlock all legal intelligence“If the court finds the defendant competent to proceed, the court shall enter its order so finding and shall proceed.”
Florida Rule of Criminal Procedure 3.212(b), cited to support the requirement for a written competency order
Brenda M. Bush was convicted and sentenced in Wakulla County Circuit Court. The trial court made an oral determination that Bush was competent to proc…
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April 11, 2019 PER CURIAM. In this Anders∗ appeal, we affirm Brenda M. Bush’s convictions and sentences. But we remand with instructions that the trial court enter a written order finding Bush competent to proceed, nunc pro tunc to the date the trial court made its oral determination of competency. See Fla. R. Crim. P. 3.212(b) (“If the court finds the defendant competent to proceed, the court shall enter its order so finding and shall proceed.”); Mullens v. State, 197 So. 3d 16, 37-38 (Fla. 2016). AFFIRMED and REMANDED with instructions.
∗ Anders v. California, 386 U.S. 738 (1967) ROWE, JAY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael J. Titus, Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
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Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Khadafy Kareem Mullens v. State, 197 So. 3d 16 (Fla. 2016)
- Elias v. State, 531 So. 2d 418 (Fla. 4th DCA 1988)
- Bass v. State, 541 So. 2d 1336 (Fla. 4th DCA 1989)
- Madden v. State, 535 So. 2d 636 (Fla. 5th DCA 1988)
- Hopkins v. State, 418 So. 2d 1183 (Fla. 1st DCA 1982)