Kimwana Hamilton v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 5, 2020
Docket2D18-4829
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
KIMWANA HAMILTON, )
)
Appellant, )
)
v. ) Case No. 2D18-4829
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed June 5, 2020.
Appeal from the Circuit Court for
Hillsborough County; Michelle D. Sisco,
Judge.
Howard L. Dimmig, II, Public Defender,
Bartow, J. L. "Ray" LeGrande, Special
Assistant Public Defender, Fort Myers,
and Karen Kinney, Assistant Public
Defender, Bartow (substituted as counsel
of record), for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Elba Caridad Martin-
Schomaker, Assistant Attorney General,
Tampa, for Appellee.
PER CURIAM.
Kimwana Hamilton is appealing his judgment and sentences entered after
a jury found him guilty of: (1) second-degree murder; (2) shooting into a building; (3)
attempted second-degree murder; and (4) shooting into a vehicle. We affirm his
judgment and sentences. However, we are required to remand to the trial court for the
purpose of entering a written order, nunc pro tunc, determining Mr. Hamilton was
competent to stand trial, since the trial court simply made an oral pronouncement. See
Holland v. State, 185 So. 3d 636, 637 (Fla. 2d DCA 2016); see also Hampton v. State,
988 So. 2d 103, 106 (Fla. 2d DCA 2008); Corbitt v. State, 744 So. 2d 1130, 1130 (Fla.
2d DCA 1999).
Affirmed; remanded with directions.
KHOUZAM, C.J., and ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.
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