WILLIAMS v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

James WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D22-103

Decided: July 22, 2022

Matthew J. Metz, Public Defender, and Natalie R. Gossett, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONFESSION OF ERROR

Based upon the State's proper confession of error, we reverse and remand for a competency hearing and a nunc pro tunc determination, if possible, as to whether Appellant was competent to proceed to trial. See Yancy v. State, 280 So. 3d 1112, 1113 (Fla. 5th DCA 2019); Mann v. State, 254 So. 3d 1131, 1132 (Fla. 5th DCA 2018). If the court finds that Appellant was competent at the time of trial, it must enter a nunc pro tunc order memorializing that finding with no change in the judgment or sentence. Yancy, 280 So. 3d at 1113. If a retroactive determination is not possible, or if the court finds that Appellant was incompetent, Appellant will be entitled to a new trial if and when competent to proceed. Id. at 1113–14.

REVERSED and REMANDED with Instructions.

PER CURIAM.

WALLIS, HARRIS AND SASSO, JJ., concur.

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