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Marshall v. State

District Court of Appeal of Florida, Second District
Nov 2, 1977
351 So. 2d 88 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-6.

November 2, 1977.

Appeal from Circuit Court, Manatee County; Frank Schaub, Judge.

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

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


At 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).

We 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.

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


Summaries of

Marshall v. State

District Court of Appeal of Florida, Second District
Nov 2, 1977
351 So. 2d 88 (Fla. Dist. Ct. App. 1977)
Case details for

Marshall v. State

Case Details

Full title:WILLIE MARSHALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 2, 1977

Citations

351 So. 2d 88 (Fla. Dist. Ct. App. 1977)

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