Legal Opinion

Mason v. State

District Court of Appeal of Florida

Decided October 6, 2011No. 1D10-4721PublishedCited by 1 opinion

1Per curiam

We affirm Russell Nakia Mason’s conviction and sentence but remand for entry of a proper nunc pro tunc order finding Mason competent to proceed to sentencing. Based upon competent substantial evidence, the trial court orally found appellant competent but did not enter a written competency order under Florida Rule of Criminal Procedure 3.212(b) (“If the court finds the defendant competent to proceed, the court shall enter its order so finding and shall proceed.”). Although neither rule 3.212(b) nor rule 3.212(c)(7) (governing a finding of competency after the defendant has previously been…

2Cases cited4 opinions

  1. Martinez v. StateDistrict Court of Appeal of Florida · 2003
  2. Francis v. StateDistrict Court of Appeal of Florida · 2011
  3. Ortiz v. StateDistrict Court of Appeal of Florida · 2011
  4. Childs v. StateDistrict Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. JAMES AYERS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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