Case Law Torres v. State, 4D18-2203

Torres v. State, 4D18-2203

Document Cited Authorities (3) Cited in (8) Related

Carey Haughwout, Public Defender, and Claire Victoria Madill, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

We affirm appellant's convictions and sentences for burglary of an unoccupied dwelling and grand theft. However, because the trial court held a competency hearing and orally found appellant competent to proceed but failed to enter the required written order, we remand this case solely for the trial court to enter a nunc pro tunc order memorializing its competency finding. See Fla. R. Crim. P. 3.212(b) ; Charles v. State , 223 So. 3d 318, 330 (Fla. 4th DCA 2017) ; Johnson v. State , 266 So. 3d 234, 236 (Fla. 2d DCA 2019) ; Sallee v. State , 244 So. 3d 1143, 1146–47 (Fla. 2d DCA 2018).

Affirmed and Remanded.

Taylor, May and Forst, JJ., concur.

5 cases
Document | Florida District Court of Appeals – 2021
Prentice v. State
"..."
Document | Florida District Court of Appeals – 2021
Prentice v. State
"..."
Document | Florida District Court of Appeals – 2020
Drennan v. State
"...court for it to enter that order nunc pro tunc . See Machin v. State , 267 So. 3d 1098, 1101 (Fla. 4th DCA 2019) ; Torres v. State , 288 So. 3d 694, 694 (Fla. 4th DCA 2019).The form prepared by the deputy clerk was neither signed nor initialed by the trial court and is not a written order a..."
Document | Florida District Court of Appeals – 2020
Free v. State
"...it to enter that order nunc pro tunc ." Id. (citing Machin v. State , 267 So. 3d 1098, 1101 (Fla. 4th DCA 2019) and Torres v. State , 288 So. 3d 694, 694 (Fla. 4th DCA 2019) ). In Torres , this court affirmed the convictions and sentences of the defendant and remanded "solely for the trial ..."
Document | Florida District Court of Appeals – 2021
Metellus v. State
"..."

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5 cases
Document | Florida District Court of Appeals – 2021
Prentice v. State
"..."
Document | Florida District Court of Appeals – 2021
Prentice v. State
"..."
Document | Florida District Court of Appeals – 2020
Drennan v. State
"...court for it to enter that order nunc pro tunc . See Machin v. State , 267 So. 3d 1098, 1101 (Fla. 4th DCA 2019) ; Torres v. State , 288 So. 3d 694, 694 (Fla. 4th DCA 2019).The form prepared by the deputy clerk was neither signed nor initialed by the trial court and is not a written order a..."
Document | Florida District Court of Appeals – 2020
Free v. State
"...it to enter that order nunc pro tunc ." Id. (citing Machin v. State , 267 So. 3d 1098, 1101 (Fla. 4th DCA 2019) and Torres v. State , 288 So. 3d 694, 694 (Fla. 4th DCA 2019) ). In Torres , this court affirmed the convictions and sentences of the defendant and remanded "solely for the trial ..."
Document | Florida District Court of Appeals – 2021
Metellus v. State
"..."

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  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

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