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Wilfredo PEREIRA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2018-04-20No. Case No. 5D17–1096
244 So. 3d 378

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Opinion

majority opinion

PER CURIAM.

We affirm the judgment and sentence entered against Wilfredo Pereira after a jury found him guilty of dealing in stolen property. However, because the trial court failed to enter a written competency order after independently determining Pereira was competent to proceed, we remand for entry of a nunc pro tunc written order finding him competent. See Fla. R. Crim. P. 3.212(b), (c)(7) ; Dougherty v. State, 149 So.3d 672, 678-79 (Fla. 2014) (finding trial court may by stipulation decide issue of competency based on written reports alone but must enter written order if defendant is found competent to proceed); Ortiz v. State, 55 So.3d 724, 724 (Fla. 5th DCA 2011) (affirming judgment and sentence but remanding for entry of written competency order).

AFFIRMED; REMANDED with directions.

BERGER, WALLIS and EISNAUGLE, JJ., concur.