Michael Barry Nasrallah v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 11, 2021
Docket2D19-2941
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MICHAEL BARRY NASRALLAH,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D19-2941
June 11, 2021
Appeal from the Circuit Court for Hillsborough County; Laura E.
Ward, Judge.
Howard L. Dimmig, II, Public Defender, and Julius Aulisio,
Assistant Public Defender, Bartow, for Appellant.
PER CURIAM.
Michael Barry Nasrallah appeals his convictions and
sentences for one count of attempted sexual battery and three
counts of attempted lewd or lascivious molestation. We affirm his
convictions and sentences without comment but remand this case
for the trial court to enter a written order of competency.
"Florida Rule of Criminal Procedure 3.212(c)(7) directs that if a
trial court concludes that a heretofore incompetent defendant has
become competent to stand trial, 'it shall enter its order so finding
and shall proceed.' " Hampton v. State, 988 So. 2d 103, 106 (Fla.
2d DCA 2008) (emphasis in original). "Where . . . a court has orally
found a defendant competent but erroneously failed to enter the
required written order, we have affirmed with directions to enter the
order nunc pro tunc." Id.
Here, the trial court made an oral finding that Nasrallah had
regained competency to stand trial on August 29, 2018; however,
the trial court never reduced its oral pronouncement to a written
order. This was an error, see Fla. R. of Crim. P. 3.212(c)(7), but this
error does not require reversal, see Hampton, 988 So. 2d at 106.
Therefore, we affirm Nasrallah's convictions and sentences and
remand with directions to enter the order nunc pro tunc. See id.
Affirmed with directions.
SILBERMAN, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.
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Opinion subject to revision prior to official publication.
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