Public-domain · open source
OpenJurist

201 So. 3d 838

Alcazar v. State

District Court of Appeal of Florida

Decided October 19, 2016

District Court of Appeal of Florida · decided 2016-10-19

Relies on Clifton Brooks v. State of Florida · Thomas v. State

Decided 2016-10-19

PER CURIAM.

¶1The petition alleging ineffective assistance of appellate counsel is granted. We reverse petitioner’s judgment and sentence, and remand for the trial court to hold a nunc pro tunc hearing to determine petitioner’s competency to stand trial.' See Thomas v. State, 189 So.3d 331 (Fla. 1st DCA 2016); Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015). As in Brooks:

If there is evidence that existed previously which supports a finding that [petitioner] was competent at the time of trial, the court may make a determination of competency, nunc pro tunc, with no change in the judgment. However, if the court cannot make a retroactive determination, it must properly adjudicate [petitioner’s] present competency and, if [petitioner] is competent to proceed, conduct a new trial.

¶2Brooks, 180 So.3d at 1096 (citations omitted).

ROBERTS, C.J., MAKAR and BILBREY, JJ., concur.
/201/so3d/838 · .json · Public domain