MARSHALL v. STATE (2019)

District Court of Appeal of Florida, First District.

John MARSHALL, Appellant, v. STATE of Florida, Appellee.

Nos. 1D18-3465

Decided: August 08, 2019

Kevin Alvarez, of Law Office of Kevin Alvarez P.A., Tallahassee, for Appellant Ashley Moody, Attorney General, Tallahassee, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, John Marshall, appeals the trial court's failure to render a written order finding him competent to proceed after pronouncing Appellant competent to proceed at the conclusion of his competency hearing.¹ The State properly concedes error.

We therefore reverse and remand for the trial court to render a written order adjudicating Appellant competent to proceed, nunc pro tunc, consistent with its oral findings. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015).

Reversed and Remanded.

FOOTNOTES

1. Appellant does not argue that the trial court failed to make an independent competency determination.

Per Curiam.

Orfinger, Edwards, and Eisnaugle, Associate Judges, concur.

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