Eduardo Viera, Appellant, v. The State of Florida, Appellee. (2017)

District Court of Appeal of Florida, Third District.

Eduardo Viera, Appellant, v. The State of Florida, Appellee.

No. 3D15-1604

Decided: May 31, 2017

Before ROTHENBERG, EMAS, and FERNANDEZ, JJ.

Law Offices of Daniel J. Tibbitt, and Daniel Tibbitt, for appellant. Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.

ON MOTION FOR REHEARING OR FOR WRITTEN OPINION

We deny the appellant's motion for rehearing, but grant his motion for written opinion, withdraw our per curiam affirmance issued on April 26, 2017, and substitute the following opinion in its place.

We affirm the defendant's convictions and sentences for aggravated battery, see Boyd v. State, 910 So. 2d 167 (Fla. 2005), but remand the cause to the trial court for the sole purpose of entering a written competency order nunc pro tunc. See Fla. R. Crim. P. 3.212(b); Mullens v. State, 197 So. 3d 16 (Fla. 2016); Dougherty v. State, 149 So. 3d. 672 (Fla. 2014).

Affirmed and remanded with directions.

PER CURIAM.

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