Eric Damont Davis v. State , 239 So. 3d 202 ( 2018 )

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
ERIC DAMONT DAVIS,
Appellant,
v. Case No. 5D17-165
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 2, 2018
Appeal from the Circuit Court
for Orange County,
Marc L. Lubet, Judge.
James S. Purdy, Public Defender, and
Glendon George Gordon, Jr., Assistant
Public Defender, Daytona Beach, for
Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Rebecca Rock
McGuigan, Assistant Attorney General,
Daytona Beach, for Appellee.
PER CURIAM.
Eric Damont Davis appeals the judgment and sentence entered against him after
he was convicted by a jury of aggravated battery with a firearm. He argues the trial court
erred by a) conducting an insufficient competency hearing; b) failing to make an
independent competency determination; and c) failing to enter a written order on
competency. We disagree with Davis' assertion that the trial court conducted an
insufficient hearing and failed to make an independent determination of his competency.
See Dougherty v. State, 149 So. 3d 672, 679 (Fla. 2014) (finding trial court may decide
issue of competency based on written reports alone but must enter written order if
defendant is found competent to proceed). Nevertheless, because the court minutes
signed by the trial judge reflecting this determination do not constitute an order, we
remand for entry of a written order finding Davis competent to proceed. See Fla. R. App.
P. 9.020(f) (defining order as "[a] decision, order, judgment, decree, or rule of a lower
tribunal, excluding minutes and minute book entries"); see also State v. Wagner, 863 So.
2d 1224, 1229 (Fla. 2004) ("Because the signed court minutes form was not an order
within the definition of the Florida Rules of Appellate Procedure, the act of filing it with the
court clerk did not amount to the rendition of an order."); Carroll v. State, 157 So. 3d 385,
385 (Fla. 2d DCA 2015) ("Even when the trial court has previously made a written finding
of competency on a signed 'minutes' form, this still does not satisfy the requirement to
enter an order as set forth by the rules of criminal procedure."). In all other respects, we
affirm.
AFFIRMED in part; REMANDED with instructions.
BERGER, EDWARDS and EISNAUGLE, JJ., concur.
2