BOSCAN v. STATE (2020)

Regulo Boscan appeals his judgment and sentence, raising numerous issues. We decline to reach all but one of the issues at this time for the reasons made apparent by our decision.

Boscan argues that, after entering an order appointing experts to determine competency, the trial court erred by failing to hold a competency hearing and by failing to enter a written determination of competency before proceeding to trial. See generally Fla. R. Crim. P. 3.210, 3.212. The state does not contend that a competency hearing was held, and none is apparent from the record before this court.

Accordingly, consistent with Machin v. State, 267 So. 3d 1098, 1101 (Fla. 4th DCA 2019), we “temporarily remand the case to the circuit court” for the circuit court to “hold a hearing and issue an order determining whether a nunc pro tunc competency evaluation is possible.” Because this matter is expedited, the circuit court shall have thirty days to make its determination. Depending on the outcome, the circuit court shall proceed with one of the paths as outlined in this court’s opinion in Machin. See id. at 1101-02.

Remanded with instructions.

Per Curiam.

Levine, C.J., Ciklin and Gerber, JJ., concur.