ANDERSON v. STATE (2019)

District Court of Appeal of Florida, First District.

David Edward ANDERSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3309

Decided: October 11, 2019

Andy Thomas, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.

Appellant was convicted of possession of a firearm by a convicted felon and sentenced to prison. On appeal he alleges the trial court erred by failing to find he was competent to proceed and in imposing sentence. We reject Appellant's arguments and affirm the judgment and sentence. However, we remand for the trial court to enter a written order consistent with its oral finding that Appellant was competent to proceed. See Mullens v. State, 197 So. 3d 16 (Fla. 2016) (remanding for entry of written order of competency where trial court made an oral competency finding but failed to enter a written order as required by statute); McCray v. State, 265 So. 3d 659, 662 (Fla. 1st DCA 2019) (upholding finding of competency, but remanding for entry of written order).

Affirmed and Remanded with directions.

Per Curiam.

Wolf and M.K. Thomas, JJ., and Duncan, J. Scott, Associate Judge, concur.

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