Dewey Nathaniel Davis v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 20, 2020
Docket1D19-2314
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2314
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DEWEY NATHANIEL DAVIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bay County.
Christopher N. Patterson, Judge.
May 20, 2020
PER CURIAM.
The State correctly concedes that the trial court erred by
failing to enter a written order memorializing its oral finding that
appellant was competent to proceed at the time he entered his
plea. A written order is required. Flowers v. State, 143 So. 3d 459
(Fla. 1st DCA 2014) (citing Fla. R. Crim. P. 3.212(b)). We remand
for the trial court to enter a nunc pro tunc order finding appellant
was competent to proceed at that time. Id.
WOLF, KELSEY, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Sharon Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
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