Walter Lewis Johnson, Jr. v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 25, 2018
• Docket: 17-0768
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D17-0768 _____________________________

WALTER LEWIS JOHNSON, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge.

July 25, 2018

PER CURIAM.

We affirm Appellant’s judgment and sentence, and remand solely for the court to enter a written adjudication nunc pro tunc of the competency determination the court has already made. See Hunter v. State, 174 So. 3d 1011, 1015 (Fla. 1st DCA 2015) (remanding for entry of nunc pro tunc written order). The record reflects that the court made a proper and independent adjudication of Appellant’s competency after the court raised a competency concern and had Appellant evaluated. We reject Appellant’s other arguments on appeal without further comment.

AFFIRMED; REMANDED for entry of order.

LEWIS, KELSEY, and WINSOR, JJ., concur. _____________________________

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

Andy Thomas, Public Defender, and Barbara Busharis, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Amanda Stokes, Assistant Attorney General, Tallahassee, for Appellee.