John Marshall v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: August 8, 2019
• Docket: 18-3471
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Nos. 1D18-3465 1D18-3469 1D18-3471 1D18-3473 1D18-3475 1D18-3477 1D18-3478 1D18-3479 1D18-3481 1D18-3482 1D18-3483 _____________________________

JOHN MARSHALL,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. Robert E. Long, Jr., Judge.

August 8, 2019

PER CURIAM.

Appellant, John Marshall, appeals the trial court’s failure to render a written order finding him competent to proceed after pronouncing Appellant competent to proceed at the conclusion of his competency hearing. 1 The State properly concedes error.

We therefore reverse and remand for the trial court to render a written order adjudicating Appellant competent to proceed, nunc pro tunc, consistent with its oral findings. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015).

REVERSED and REMANDED.

ORFINGER, EDWARDS, and EISNAUGLE, Associate Judges, concur.

_____________________________

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

Kevin Alvarez, of Law Office of Kevin Alvarez P.A., Tallahassee, for Appellant

Ashley Moody, Attorney General, Tallahassee, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.

1 Appellant does not argue that the trial court failed to make an independent competency determination.