Duane Phineas Roshell v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 20, 2020
Docket1D19-2304
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2304
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DUANE PHINEAS ROSHELL,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Gary L. Bergosh, Judge.
May 20, 2020
PER CURIAM.
Appellant pleaded no contest to witness tampering and
battery. His sole argument in this appeal is that the trial court
erred by failing to memorialize in writing its oral finding that
Appellant was competent to proceed. The State concedes the court
failed to enter a written order as required by Florida law. We
accordingly affirm Appellantโs judgment and sentence, but remand
for entry of a written, nunc pro tunc order adjudicating him
competent to proceed. See, e.g., Mullens v. State, 197 So. 3d 16, 37
(Fla. 2016) (remanding for a written competency order despite a
guilty plea); Dickey v. State, 224 So. 3d 862, 863 (Fla. 1st DCA
2017) (remanding for a written competency order while affirming
judgment and sentence).
AFFIRMED; REMANDED with directions.
WOLF and WINOKUR, JJ., and COLAW, JAMES M., ASSOCIATE
JUDGE, 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 Jasmine Russell, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and David Welch, Assistant
Attorney General, Tallahassee, for Appellee.
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