William Edward Perry Jr. v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 15, 2019
• Docket: 18-0771
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-771 _____________________________

WILLIAM EDWARD PERRY JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Escambia County. Gary L. Bergosh, Judge.

July 15, 2019

PER CURIAM.

We affirm Appellant’s judgment and sentence, and remand solely for the court to enter a written adjudication nunc pro tunc of its competency determination. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015) (remanding for entry of nunc pro tunc written order). We find no error as to Appellant’s other points raised on appeal.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

LEWIS, ROWE, and MAKAR, 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 David Alan Henson, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Kaitlin Weiss, Assistant Attorney General, Tallahassee, for Appellee.