Klingensmith, J.
Rafael Hernandez appeals the trial courts acceptance of his negotiated plea and subsequent sentence. Although he asked for and was granted a competency evaluation, Hernandez claims the trial court erred by failing to either conduct a competency hearing or enter an order as to his competency before accepting his plea. In accord with several recent cases from this court on the subject, and considering the States concession of error, we agree and reverse.
Hernandezs counsel filed a written motion under Florida Rule of Criminal Procedure 3.210(b), and requested the appointment of an expert to examine his clients competency to proceed. The motion indicated that the rule required the court to hold a competency hearing within twenty days of the motions filing. Four days later, the trial court entered an order granting the motion, and directed the appointed expert to submit a written evaluation of Hernandezs mental condition to each party within thirty days of the order. However, the trial courts order did not set a date for the competency hearing, nor does the experts written evaluation appear in the record.
Thereafter, Hernandez entered a plea of no contest to the charged crime. Yet there is no record that a competency hearing ever occurred, nor does the record contain a written order establishing whether Hernandez was competent to proceed. If appellants competency was ever discussed in court prior to the acceptance of the plea, or if the motion was ever withdrawn, such a discussion is also not in the record.
The procedure for determining a defendants competency is governed by Florida Rules of Criminal Procedure 3.210 through 3.215. Competency requires strict adherence to the Florida Rules of Criminal Procedure. See Dortch v. State , 242 So.3d 431, 432-33, 2018 WL 1617082, at *1 (Fla. 4th DCA April 4, 2018). We review the trial courts judgment and its compliance with these rules de novo . See Baker v. State , 221 So.3d 637, 639 (Fla. 4th DCA 2017).
There does not appear to be any discretion on the part of the trial court [to hold a competency hearing] once it makes the determination that there are reasonable grounds to believe that the defendant is not mentally competent. Silver v. State , 193 So.3d 991, 993 (Fla. 4th DCA 2016) (quoting Carrion v. State , 859 So.2d 563, 565 (Fla. 5th DCA 2003) ). [A] trial courts appointing experts to evaluate a defendants competency suggests there were reasonable grounds to do so. Id. When the trial court has reasonable grounds to believe that a criminal defendant is not competent to proceed, it has no choice but to conduct a competency hearing. Baker , 221 So.3d at 641 (internal citations omitted). However, [a] full, formal competency hearing might not be required in some circumstances. Id. at 641 n.1 (internal citations omitted).
We reverse. But, if on remand the trial court can make a nunc pro tunc finding as to Hernandezs competency based upon the existence of evaluations performed contemporaneous with [the acceptance of the plea] and without relying solely on a cold record, and can do so in a manner which abides by due process guarantees, then it should do so and enter a corresponding written order. Baker , 221 So.3d at 641-42 ; accord Dortch , 242 So.3d at 433-34, 2018 WL 1617082, at *2. If, however, the court cannot determine appellants competency consistent with due process guarantees, the court should vacate the plea and sentence. Bain v. State , 211 So.3d 139, 140 (Fla. 4th DCA 2017) ; accord Dortch , 242 So.3d at 433-34, 2018 WL 1617082, at *2.
Reversed and remanded with instructions .
Damoorgian and Forst, JJ., concur.