TORRES v. STATE (2019)

District Court of Appeal of Florida, Fourth District.

Maykel TORRES, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2203

Decided: October 23, 2019

Carey Haughwout, Public Defender, and Claire Victoria Madill, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.

We affirm appellant's convictions and sentences for burglary of an unoccupied dwelling and grand theft. However, because the trial court held a competency hearing and orally found appellant competent to proceed but failed to enter the required written order, we remand this case solely for the trial court to enter a nunc pro tunc order memorializing its competency finding. See Fla. R. Crim. P. 3.212(b); Charles v. State, 223 So. 3d 318, 330 (Fla. 4th DCA 2017); Johnson v. State, 266 So. 3d 234, 236 (Fla. 2d DCA 2019); Sallee v. State, 244 So. 3d 1143, 1146–47 (Fla. 2d DCA 2018).

Affirmed and Remanded.

Per Curiam.

Taylor, May and Forst, JJ., concur.

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