JOHN MARSHALL
v.
STATE OF FLORIDA
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A trial court must render a written order adjudicating a defendant competent to proceed when it has found competency, even if it has already made an oral pronouncement.
[1] When a trial court finds a defendant competent to proceed, it must enter a written order adjudicating competency consistent with its oral findings, even nunc pro tunc if…
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Join FLexlaw to unlock all legal intelligence“reverse and remand for the trial court to render a written order adjudicating Appellant competent to proceed, nunc pro tunc, consistent with its oral findings”
Court's remedy for the trial court's failure to issue a written competency order
John Marshall appealed the trial court's failure to issue a written order finding him competent to proceed after the court had orally pronounced him c…
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pronouncing Appellant competent to proceed at the conclusion of his competency hearing.1 The State properly concedes error. We therefore reverse and remand for the trial court to render a written order adjudicating Appellant competent to proceed, nunc pro tunc, consistent with its oral findings. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015).
REVERSED and REMANDED. ORFINGER, EDWARDS, and EISNAUGLE, Associate Judges, concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Kevin Alvarez, of Law Office of Kevin Alvarez P.A., Tallahassee, for Appellant Ashley Moody, Attorney General, Tallahassee, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.