DUBERRY v. STATE (2020)

District Court of Appeal of Florida, Second District.

Eric Jabar DUBERRY, Appellant, v. STATE of Florida, Appellee.

Case No. 2D19-2095

Decided: September 30, 2020

Howard L. Dimmig, II, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

Eric Jabar Duberry appeals his judgment and sentences for robbery with a firearm and attempted robbery with a firearm. We affirm without comment all five issues raised by Mr. Duberry, but remand for entry of a written order of competency.

The trial court failed to enter a written order on its oral ruling that Mr. Duberry was competent to proceed with sentencing. “Florida Rule of Criminal Procedure 3.212(b) mandates the entry of a written order of competency.” Holland v. State, 185 So. 3d 636, 637 (Fla. 2d DCA 2016) (citing Dougherty v. State, 149 So. 3d 672, 677 (Fla. 2014)). The State properly concedes that the absence of such an order warrants remand.

Accordingly, we remand the case to the trial court for entry of a nunc pro tunc order finding Mr. Duberry competent to proceed with sentencing.

Affirmed; remanded with instructions.

KHOUZAM, Chief Judge.

NORTHCUTT and KELLY, JJ., Concur.

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