Hill v. State

Full title: JESSE J. HILL, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Oct 27, 2017

Case No. 5D16-3961 (Fla. Dist. Ct. App. Oct. 27, 2017)

Opinion

Case No. 5D16-3961

10-27-2017

JESSE J. HILL, Appellant, v. STATE OF FLORIDA, Appellee.

James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

We affirm Jesse Hill's convictions, but remand for the entry of a proper nunc pro tunc order finding Hill competent to stand trial. See Francis v. State, 65 So. 3d 103 (Fla. 5th DCA 2011) (holding that where trial court made oral findings that defendant was competent but failed to enter written order of competency, proper remedy was to affirm judgment and remand case to trial court for entry of nunc pro tunc order finding defendant competent to stand trial).

AFFIRMED; REMANDED WITH DIRECTIONS TO ENTER PROPER NUNC PRO TUNC ORDER. COHEN, C.J., and EVANDER and BERGER, JJ., concur.