FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2022-1743 _____________________________ ANTONIO R. RICHARDSON, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________

On appeal from the Circuit Court for Leon County.

Stephen S. Everett, Judge.

November 6, 2024 PER CURIAM.

Antonio Richardson appeals his judgment and sentence for burglary of a dwelling and grand theft. He raises two issues on appeal, only one of which merits discussion. On the competency issue, we affirm under the authority of Awolowo v. State, 389 So. 3d 788 (Fla. 1st DCA 2024). Here, like in Awolowo, nothing in defense counsel’s motion for a competency evaluation, the trial court’s order authorizing the evaluation, or the record as a whole provided reasonable grounds to believe that Richardson was not mentally competent to proceed. Thus, the alleged error by the trial court in failing to hold a competency hearing or make a competency determination does not amount to fundamental error.

AFFIRMED.

LEWIS and RAY, JJ., concur; KELSEY, J., dissents.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ KELSEY, J., dissenting.

I dissent for the compelling and correct reasons Judge Bilbrey articulated in Awolowo, 389 So. 3d at 799.

_____________________________

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.