HAMILTON v. STATE (2020)

District Court of Appeal of Florida, Second District.

Kimwana HAMILTON, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-4829

Decided: June 05, 2020

Howard L. Dimmig, II, Public Defender, Bartow, J. L. “Ray” LeGrande, Special Assistant Public Defender, Fort Myers, and Karen Kinney, Assistant Public Defender, Bartow (substituted as counsel of record), for Appellant. Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin-Schomaker, Assistant Attorney General, Tampa, for Appellee.

Kimwana Hamilton is appealing his judgment and sentences entered after a jury found him guilty of: (1) second-degree murder; (2) shooting into a building; (3) attempted second-degree murder; and (4) shooting into a vehicle. We affirm his judgment and sentences. However, we are required to remand to the trial court for the purpose of entering a written order, nunc pro tunc, determining Mr. Hamilton was competent to stand trial, since the trial court simply made an oral pronouncement. See Holland v. State, 185 So. 3d 636, 637 (Fla. 2d DCA 2016); see also Hampton v. State, 988 So. 2d 103, 106 (Fla. 2d DCA 2008); Corbitt v. State, 744 So. 2d 1130, 1130 (Fla. 2d DCA 1999).

Affirmed; remanded with directions.

PER CURIAM.

KHOUZAM, C.J., and ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.

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