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351 So. 2d 88

Docket No. 77-6.

Marshall v. State

Willie MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 2, 1977.

District Court of Appeal of Florida · decided 1977-11-02

Relies on Emerson v. State

Decided 1977-11-02

¶1Jack O. Johnson, Public Defender, James A. Cornelius, Asst. Public Defender, Bartow and Horace S. Scruggs, Research Asst., Clinton, Miss., for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4At a hearing on appellant's competency to stand trial, the trial judge made an oral finding that appellant was competent. However, he did not enter a written order to that effect as required by Fla.R.Crim.P. 3.210(a)(4). Emerson v. State,294 So.2d 721 (Fla. 4th DCA 1974).

¶5We affirm the judgment of the trial court and the sentence it imposed upon appellant. However, we remand this case to the trial court for the entry of a nunc pro tunc order finding appellant competent to stand trial.

¶6HOBSON, Acting C.J., and McNULTY and SCHEB, JJ., concur.

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