final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Leon County. Robert R.
Candice Brower, Criminal Conflict and Civil Regional Counsel,
Region One, and Michael J. Titus, Assistant Regional Conflict
Counsel, Tallahassee, for Appellant.
Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant
Attorney General, Tallahassee, for Appellee.
challenges his criminal judgment and sentence, arguing the
trial court failed to memorialize in writing its initial
determination that he was competent to proceed and failed to
conduct a hearing or make an independent determination when
his competency was later questioned. The State concedes error
on both points. We reverse and remand.
2015, the trial court found appellant was incompetent and
committed him to the Department of Children and Families to
be placed in a mental health treatment facility. On March 15,
2016, the trial court found appellant was competent to
proceed. However, the court failed to enter a written order
memorializing this finding.
April 15, 2016, defense counsel expressed concern about
appellant's competency and asked the court to order a new
evaluation. The court ordered an evaluation.
24, 2016, the court accepted a nolo contendere plea from
appellant. As to the competency issue, defense counsel
stated, "Your Honor ordered an evaluation. It came back
competent to proceed." The court responded,
26, 2016, appellant moved to withdraw his plea, alleging
without elaboration that his counsel was ineffective. The
court denied the motion, finding ineffective assistance of
counsel was not one of the enumerated grounds for withdrawing
a plea pursuant to Florida Rule of Criminal Procedure
trial court erred with regards to both determinations of
the trial court erred by failing to enter a written order
memorializing its oral finding that appellant was competent
to proceed on March 15, 2016. 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