JAMES WILLIAMS vs STATE OF FLORIDA

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
JAMES WILLIAMS,
Appellant,
v. Case No. 5D22-103
LT Case No. 2019-CF-001447-A
STATE OF FLORIDA,
Appellee.
/
Opinion filed July 22, 2022
Appeal from the Circuit Court
for Sumter County,
Mary Hatcher, Judge.
Matthew J. Metz, Public Defender,
and Natalie R. Gossett, Assistant Public
Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and L. Charlene Matthews,
Assistant Attorney General, Daytona Beach,
for Appellee.
ON CONFESSION OF ERROR
PER CURIAM.
Based upon the State’s proper confession of error, we reverse and
remand for a competency hearing and a nunc pro tunc determination, if
possible, as to whether Appellant was competent to proceed to trial. See
Yancy v. State, 280 So. 3d 1112, 1113 (Fla. 5th DCA 2019); Mann v. State,
254 So. 3d 1131, 1132 (Fla. 5th DCA 2018). If the court finds that Appellant
was competent at the time of trial, it must enter a nunc pro tunc order
memorializing that finding with no change in the judgment or sentence. Yancy,
280 So. 3d at 1113. If a retroactive determination is not possible, or if the court
finds that Appellant was incompetent, Appellant will be entitled to a new trial
if and when competent to proceed. Id. at 1113–14.
REVERSED and REMANDED with Instructions.
WALLIS, HARRIS AND SASSO, JJ., concur.
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