Cited for
At page 332 cited at this page1 citing case
- Thurman v. State, 202 So. 3d 463 (Fla. 1st DCA 2016).publishedFollowing the procedure set forth in Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015), and followed in Thomas v. State, 189 So.3d 331, 332 (Fla. 1st DCA 2016), we reverse Thurman’s judgment and sentence and order finding violation…
Other citing cases
- Pedro Juan Alcazar v. State of Florida, No. 16-2785 (Fla. 1st DCA Oct. 18, 2016).published
Retrieving the full opinion text from the archive…
Javarious R. THOMAS
v.
STATE of Florida
v.
STATE of Florida
No. 1D15-4603.
District Court of Appeal of Florida, First District.
Apr 20, 2016.
Published opinion
Javarious R. Thomas, pro se, Petitioner., Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Respondent.
Kelsey, Roberts, Swanson.
Cited by 3 opinions | Published
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is granted. Following the procedure set forth in Brooks v. State, 180 So.3d 1094, 1096 (Fla. 1st DCA 2015), we reverse Thomas’s judgment and sentence in this case, and remand for the trial court to hold a nunc pro tunc hearing to determine Thomas’s competency to stand trial. As in Brooks,
If there is evidence that existed previously which supports a finding that [Thomas] 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 [Thomas’s] present competency and, if [Thomas] is competent to proceed, conduct a new trial.
Brooks, 180 So.3d at 1096 (citations omitted).
PETITION GRANTED; REMANDED.
ROBERTS, C.J., SWANSON and KELSEY, JJ., concur.