Cited for
At page 838 Alcazar II1 citing case
- Pedro Juan Alcazar v. State of Florida, No. 17-4462 (Fla. 1st DCA July 22, 2019).published (Alcazar II)
Retrieving the full opinion text from the archive…
Pedro Juan ALCAZAR
v.
STATE of Florida
v.
STATE of Florida
No. 1D16-2785.
District Court of Appeal of Florida, First District.
Oct 19, 2016.
Published opinion
Luke Newman of Luke Newman, P.A., Tallahassee, for Petitioner., Pamela Jo Bondi, Attorney General, and David Llanes, Assistant Attorney General, Tallahassee, for Respondent.
Bilbrey, Makar, Roberts.
Cited by 1 opinion | Published
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.
The 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.
Brooks, 180 So.3d at 1096 (citations omitted).
ROBERTS, C.J., MAKAR and BILBREY, JJ., concur.