Ives v. State

Full title: STEVEN IVES, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Dec 13, 2017

CASE NO. 1D16-0562 (Fla. Dist. Ct. App. Dec. 13, 2017)

Opinion

CASE NO. 1D16-0562

12-13-2017

STEVEN IVES, Appellant, v. STATE OF FLORIDA, Appellee.

Candice Brower, General Counsel and Michael J. Titus, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Leon County.
Terry P. Lewis, Judge. Candice Brower, General Counsel and Michael J. Titus, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM.

Appellant raises three issues on appeal; only one has merit. We agree that the trial court erred by failing to enter a written order adjudicating appellant competent to proceed following an oral pronouncement of competence. Therefore, we AFFIRM appellant's convictions, but REMAND for entry of a nunc pro tunc order declaring appellant competent. See Merriell v. State, 169 So. 3d 1287, 1288-89 (Fla. 1st DCA 2015). KELSEY, WINOKUR, and WINSOR, JJ., CONCUR.