ON CONFESSION OF ERROR
Based upon the States proper confession of error, we reverse and remand for a competency hearing and a nunc pro tunc determination, if possible, as to whether Appellant was competent to proceed to trial. See Yancy v. State, 280 So. 3d 1112, 1113 (Fla. 5th DCA 2019); Mann v. State, 254 So. 3d 1131, 1132 (Fla. 5th DCA 2018). If the court finds that Appellant was competent at the time of trial, it must enter a nunc pro tunc order memorializing that finding with no change in the judgment or sentence. Yancy, 280 So. 3d at 1113. If a retroactive determination is not possible, or if the court finds that Appellant was incompetent, Appellant will be entitled to a new trial if and when competent to proceed. Id. at 1113–14.
REVERSED and REMANDED with Instructions.
PER CURIAM.
WALLIS, HARRIS AND SASSO, JJ., concur.