ERIC JUBAR DUBERRY v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: September 30, 2020
• Docket: 19-2095
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

ERIC JABAR DUBERRY, ) ) Appellant, ) ) v. ) Case No. 2D19-2095 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________)

Opinion filed September 30, 2020.

Appeal from the Circuit Court for Hillsborough County; Christopher C. Sabella and Kimberly K. Fernandez, Judges.

Howard L. Dimmig, II, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

KHOUZAM, Chief Judge.

Eric Jabar Duberry appeals his judgment and sentences for robbery with a

firearm and attempted robbery with a firearm. We affirm without comment all five issues

raised by Mr. Duberry, but remand for entry of a written order of competency. The trial court failed to enter a written order on its oral ruling that Mr.

Duberry was competent to proceed with sentencing. "Florida Rule of Criminal

Procedure 3.212(b) mandates the entry of a written order of competency." Holland v.

State, 185 So. 3d 636, 637 (Fla. 2d DCA 2016) (citing Dougherty v. State, 149 So. 3d

672, 677 (Fla. 2014)). The State properly concedes that the absence of such an order

warrants remand.

Accordingly, we remand the case to the trial court for entry of a nunc pro

tunc order finding Mr. Duberry competent to proceed with sentencing.

Affirmed; remanded with instructions.

NORTHCUTT and KELLY, JJ., Concur.

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