Davis v. State

Full title: DEWEY NATHANIEL DAVIS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: May 20, 2020

294 So. 3d 468 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-2314

05-20-2020

Dewey Nathaniel DAVIS, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Andy Thomas, Public Defender, and Megan Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

The State correctly concedes that the trial court erred by failing to enter a written order memorializing its oral finding that appellant was competent to proceed at the time he entered his plea. A written order is required. Flowers v. State , 143 So. 3d 459 (Fla. 1st DCA 2014) (citing Fla. R. Crim. P. 3.212(b) ). We remand for the trial court to enter a nunc pro tunc order finding appellant was competent to proceed at that time. Id.

Wolf, Kelsey, and Winokur, JJ., concur.