FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
from the Circuit Court for Seminole County, Melissa D. Souto,
S. Purdy, Public Defender, and Nancy Ryan, Assistant Public
Defender, Daytona Beach, for Appellant.
Moody, Attorney General, Tallahassee, and Rebecca Rock
McGuigan, Assistant Attorney General, Daytona Beach, for
are tasked with making independent determinations of
competency. Dougherty v. State, 149 So.3d 672, 679
(Fla. 2014). That is the sole issue raised in this appeal;
Brenda Yancy argues that the record is insufficient to
demonstrate that the trial court conducted an independent
assessment of her competency. We agree and remand for a nunc
pro tunc competency determination, if possible.
facts in Dougherty are similar to the facts of this
case. Both Dougherty and Yancy were found incompetent to
proceed and were committed for treatment. Id. at
673– 74. Purportedly restored to competency, both were
returned to face their pending charges. Id. at 674.
counsel, relying on three experts' evaluations,
stipulated to Dougherty's competency to proceed. The
trial court, without more, responded, "Very good.
We'll put it on just the regular docket sounding
Yancy's case proceeded in a similar fashion:
DEFENSE COUNSEL: [W]e have an issue we have to address. The
competency, she was never formally found competent to proceed
since being returned from the state hospital. We've asked
to introduce Defendant's Exhibit A into evidence,
it's the evaluation, I'm not sure if Your Honor has
previously read it finding her competent to proceed. I've
spoken to her on numerous occasions since she was brought
back [from] the state hospital. It's my opinion as well
that she's able to understand the legal process at this
STATE: We'd stipulate to that evaluation, Your Honor.
THE COURT: All right. So it will be entered as I guess
Defense's Exhibit One.
STATE: We'd agree, Judge. We'd ask the court to find
her competent to ...