IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NEVILLE LAYLOR, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NOS. 1D15-2450/1D15-2451
STATE OF FLORIDA,
Appellee.
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Opinion filed August 22, 2016.
An appeal from the Circuit Court for Leon County.
Frank E. Sheffield, Judge.
Jeffrey E. Lewis, General Counsel, and Michael J. Titus, Assistant Conflict
Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One,
Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney
General, Tallahassee, for Appellee.
WOLF, J.
Appellant alleges the trial court erred by failing to enter a written order
declaring appellant competent to stand trial even though the court orally declared
him competent. Florida Rule of Criminal Procedure 3.212(c)(7) requires the trial
court to enter a written order finding a defendant competent to proceed if that
defendant has previously been declared incompetent. See White v. State,
548 So.
2d 765, 768 (Fla. 1st DCA 1989). We, therefore, agree that the trial court erred in
failing to enter such a written order declaring appellant competent after his period
of incompetence. We AFFIRM appellant’s judgment and sentence but REMAND
for the trial court to enter a nunc pro tunc order declaring appellant competent. See
Hunter v. State,
174 So. 3d 1011, 1014-15 (Fla. 1st DCA 2015).
LEWIS and OSTERHAUS, JJ., CONCUR.
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