Johnson v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CURTIS T. JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D15-105 Opinion filed June 29, 2016. Appeal from the Circuit Court for Polk County; Michael E. Raiden, Judge. Howard L. Dimmig, II, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. MORRIS, Judge. Curtis T. Johnson appeals his judgment and sentences for burglary of a dwelling with assault while armed with a firearm and two counts of robbery with a firearm. We affirm the judgment and sentences without comment, but we remand for entry of a written competency order, nunc pro tunc, to reflect the trial court's oral finding that Johnson was competent to proceed. See Fla. R. Crim. P. 3.212(c)(7) ("If, at any time after such commitment, the court decides, after hearing, that the defendant is competent to proceed, it shall enter its order so finding and shall proceed."); see, e.g., Carroll v. State, 157 So. 3d 385, 386 (Fla. 2d DCA 2015); Williams v. State, 130 So. 3d 763, 764 (Fla. 2d DCA 2014). Affirmed; remanded with instructions. KELLY and BLACK, JJ., Concur. -2-

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