Legal Opinion

Francis v. State

District Court of Appeal of Florida

Decided June 24, 2011No. 5D10-3278PublishedCited by 4 opinions

1Per curiam

We affirm Jean Pierre Francis’ conviction, but remand for the entry of a proper nunc pro tunc order finding Francis competent to stand trial. Although the trial court found Francis competent to proceed to trial after previously having found him to be incompetent, the only written confirmation thereof is contained in a document entitled “Court Minutes/Order” signed by the deputy clerk, not by the trial court. Accordingly, we remand this matter to the trial court for the entry of a proper written order of competence, nunc pro tunc. See Fla. R.Crim. P. 3.212(c)(7) (stating: “If, at any time…

2Cases cited4 opinions

  1. Corbitt v. StateDistrict Court of Appeal of Florida · 1999
  2. Hampton v. StateDistrict Court of Appeal of Florida · 2008
  3. Bailey v. StateDistrict Court of Appeal of Florida · 2006
  4. Ortiz v. StateDistrict Court of Appeal of Florida · 2011

3Cited by4 opinions

  1. Mason v. StateDistrict Court of Appeal of Florida · 2011
  2. Hill v. StateDistrict Court of Appeal of Florida · 2017
  3. St. Charles v. StateDistrict Court of Appeal of Florida · 2013
  4. St. Charles v. StateDistrict Court of Appeal of Florida · 2013

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