Florida District Courts of Appeal, 2016

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided June 29, 2016 · Morris, Kelly, Black
194 So. 3d 570; 2016 Fla. App. LEXIS 9964; 2016 WL 3549420 (Southern Reporter, Third Series)

Johnson v. State

Opinion

*571 MORRIS, Judge.

Curtis T. Johnson appeals his judgment and sentences for burglary of a dwelling with assault while armed with a firearm and two counts of robbery with a firearm. We affirm the judgment and sentences without comment, but we remand for entry of a written competency order, nunc pro tunc, to reflect the trial court’s oral finding that Johnson was competent to proceed. See Fla. R. Crim. P. 3.212(c)(7) (“If, at any time after such commitment, the court decides; after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed.”); see, e.g., Carroll v. State, 157 So.3d 385, 386 (Fla. 2d DCA 2015); Williams v. State, 130 So.3d 763, 764 (Fla. 2d DCA 2014).

Affirmed; remanded with instructions.

KELLY and BLACK, JJ., concur.

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