Summary
affirming judgment and sentence but remanding for entry of written competency order
Summary of this case from Pereira v. StateOpinion
No. 5D10-2483.
March 4, 2011.
Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.
James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.
After a full and independent review of the record, we affirm Appellant's judgments and sentences without discussion in this Anders appeal. However, we find one matter in need of correction. An issue as to Appellant's competence arose after she entered her pleas below. Ultimately, the trial judge conducted a competency hearing at which he found Appellant to be competent before proceeding to sentencing. However, no written competency order appears in the record. See Fla.R.Crim.P. 3.212(b) ("If the court finds the defendant competent to proceed, the court shall enter its order so finding and shall proceed."). Accordingly, we remand this matter with directions that the trial judge enter an order memorializing his oral ruling nunc pro tunc to the date of the competency hearing. See, e.g., Childs v. State, 44 So.3d 216 (Fla. 2d DCA 2010).
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
AFFIRMED; REMANDED with directions.
GRIFFIN, LAWSON and EVANDER, JJ., concur.