Thurman v. State

The petition alleging ineffective assistance of appellate counsel is granted. Following the procedure set forth in Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015), and followed in Thomas v. State, 189 So.3d 331, 332 (Fla. 1st DCA 2016), we reverse Thurman’s judgment and sentence and order finding violation of probation, and remand for the trial court to hold a nunc pro tunc hearing to determine his competency to stand trial comporting with the requirements of the Florida Rules of Criminal Procedure. As outlined in Brooks:

If there is evidence that existed previously which supports a…