Rosariolugo v. State of Florida

Opinion

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

KEYLA ROSARIO-LUGO,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D2023-2624

January 22, 2025

Appeal from the Circuit Court for Hillsborough County; Robin Fernandez Fuson, Judge.

Blair Allen, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

PER CURIAM.

We affirm Keyla Rosario-Lugo's judgment and sentence for battery without comment but remand for the trial court to reduce its oral pronouncement of competency to a written order nunc pro tunc to the date of the competency hearing. See Fla. R. Crim. P. 3.212(b) ("If the court finds the defendant competent to proceed, the court must enter its order so finding and proceed."); Childs v. State, 44 So. 3d 216, 217 (Fla. 2d DCA 2010) (remanding for the trial court to enter a written order of competency nunc pro tunc to the date the court orally found the defendant competent to stand trial). Affirmed with directions.

NORTHCUTT, KELLY, and LaROSE, JJ., Concur.

Opinion subject to revision prior to official publication.