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999 So. 2d 1092

Docket No. 1D08-1046.

Jones v. State

Robert JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 8, 2009.

District Court of Appeal of Florida · decided 2009-01-08

Relies on Calloway v. State

Decided 2009-01-08

¶1Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Appellant alleges that the trial court abused its discretion in failing to order a competency hearing prior to sentencing. We agree. See Calloway v. State,651 So.2d 752 (Fla. 1st DCA 1995).

¶5Accordingly, we reverse the sentence and remand for a competency hearing and resentencing, if it is determined appellant is competent to proceed.

¶6WOLF, LEWIS, and ROBERTS, JJ., concur.

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