Legal Opinion

Pereira v. State

District Court of Appeal of Florida

Decided April 20, 2018No. Case No. 5D17–1096Published

1Per curiam

*379We affirm the judgment and sentence entered against Wilfredo Pereira after a jury found him guilty of dealing in stolen property. However, because the trial court failed to enter a written competency order after independently determining Pereira was competent to proceed, we remand for entry of a nunc pro tunc written order finding him competent. See Fla. R. Crim. P. 3.212(b), (c)(7) ; Dougherty v. State, 149 So.3d 672, 678-79 (Fla. 2014) (finding trial court may by stipulation decide issue of competency based on written reports alone but must enter written order if defendant is found…

2Cases cited2 opinions

  1. Bernard J. Dougherty v. State of FloridaSupreme Court of Florida · 2014
  2. Ortiz v. StateDistrict Court of Appeal of Florida · 2011

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