PEREIRA v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Wilfredo PEREIRA, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17–1096

Decided: April 20, 2018

James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the judgment and sentence entered against Wilfredo Pereira after a jury found him guilty of dealing in stolen property. However, because the trial court failed to enter a written competency order after independently determining Pereira was competent to proceed, we remand for entry of a nunc pro tunc written order finding him competent. See Fla. R. Crim. P. 3.212(b), (c)(7); Dougherty v. State, 149 So.3d 672, 678–79 (Fla. 2014) (finding trial court may by stipulation decide issue of competency based on written reports alone but must enter written order if defendant is found competent to proceed); Ortiz v. State, 55 So.3d 724, 724 (Fla. 5th DCA 2011) (affirming judgment and sentence but remanding for entry of written competency order).

AFFIRMED; REMANDED with directions.

PER CURIAM.

BERGER, WALLIS and EISNAUGLE, JJ., concur.

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