Graham v. State

District Court of Appeal of Florida

Graham v. State

181 So. 3d 582, 2016 Fla. App. LEXIS 184, 2016 WL 67298

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket2D14-2750

StatusPublished

This text of 181 So. 3d 582 (Graham 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.

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Graham v. State, 181 So. 3d 582, 2016 Fla. App. LEXIS 184, 2016 WL 67298 (Fla. Ct. App. 2016).

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Opinion

MORRIS, Judge.

Demhar Graham appeals his convictions for second-degree murder and tampering with physical evidence. We affirm his convictions without comment but remand for the trial court to enter a written order, nunc pro tunc, reflecting its oral finding that Graham 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 *583 (Fla. 2d DCA 2015); Williams v. State, 130 So.3d 763, 764 (Fla. 2d DCA 2014).

Affirmed; remanded with directions.

VILLANTI, C.J., and BADALAMENTI, J., Concur.

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MORRIS, Judge.

Demhar Graham appeals his convictions for second-degree murder and tampering with physical evidence. We affirm his convictions without comment but remand for the trial court to enter a written order, nunc pro tunc, reflecting its oral finding that Graham 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 *583 (Fla. 2d DCA 2015); Williams v. State, 130 So.3d 763, 764 (Fla. 2d DCA 2014).

Affirmed; remanded with directions.

VILLANTI, C.J., and BADALAMENTI, J., Concur.

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181 So. 3d 582, 2016 Fla. App. LEXIS 184, 2016 WL 67298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-fladistctapp-2016.

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