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Robert JONES, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2009-01-08No. No. 1D08-1046
999 So. 2d 1092

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Opinion

majority opinion

PER CURIAM.

Appellant alleges that the trial court abused its discretion in failing to order a competency hearing prior to sentencing. We agree. See Calloway v. State, 651 So.2d 752 (Fla. 1st DCA 1995). Accordingly, we reverse the sentence and remand for a competency hearing and resentencing, if it is determined appellant is competent to proceed. WOLF, LEWIS, and ROBERTS, JJ., concur.