DAVARIUS DURHAM v. STATE OF FLORIDA (2025)

District Court of Appeal of Florida, Second District.

DAVARIUS DURHAM, Appellant, v. STATE OF FLORIDA, Appellee.

No. 2D2023-1548

Decided: April 09, 2025

Blair Allen, Public Defender, and Brett S. Chase, Special Assistant Public Defender, Bartow, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Natalia Reyna-Pimiento, Assistant Attorney General, Tampa, for Appellee.

Davarius Durham appeals his judgment and sentence for one count of sexual battery upon a victim less than twelve years old. Prior to trial, the issue of competency was raised. The trial court made an oral finding of competency after the parties stipulated to the mental health expert's report. However, the record does not demonstrate that the trial court reviewed the contents of the report. Nor did the trial court enter a written order finding Durham competent to proceed. We reverse and remand for a nunc pro tunc determination of competency. To the extent such a determination cannot be made, we remand for a new trial. See Sutton v. State, 264 So. 3d 261, 263–64 (Fla. 2d DCA 2019); Goonewardena v. State, 347 So. 3d 1273,1277 (Fla. 5th DCA 2022).

Reversed and remanded with directions.

PER CURIAM.

KELLY, LUCAS, and SMITH, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network