Alcazar v. State

District Court of Appeal of Florida

Alcazar v. State

201 So. 3d 838, 2016 Fla. App. LEXIS 15549

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 2016

DocketNo. 1D16-2785

StatusPublished

Cited by1 cases

This text of 201 So. 3d 838 (Alcazar v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alcazar v. State, 201 So. 3d 838, 2016 Fla. App. LEXIS 15549 (Fla. Ct. App. 2016).

Pincite

Opinion

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is granted. We reverse petitioner’s judgment and sentence, and remand for the trial court to hold a nunc pro tunc hearing to determine petitioner’s competency to stand trial.' See Thomas v. State, 189 So.3d 331 (Fla. 1st DCA 2016); Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015). As in Brooks:

If there is evidence that existed previously which supports a finding that [petitioner] was competent at the time of trial, the court may make a determination of competency, nunc pro tunc, with no change in the judgment. However, if the court cannot make a retroactive determination, it must properly adjudicate [petitioner’s] present competency and, if [petitioner] is competent to proceed, conduct a new trial.

Brooks, 180 So.3d at 1096 (citations omitted).

ROBERTS, C.J., MAKAR and BILBREY, JJ., concur.

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