Graveran v. State
The Third DCA reversed a revocation of probation because the trial court failed to enter a written finding of competency as required by Florida Rule of Criminal Procedure 3.212(b). The court remanded for a retroactive competency determination, directing entry of a nunc pro tunc written order if the defendant was found competent, or a new violation hearing if not.
Key facts
- Defendant's probation was revoked following a violation hearing, but the trial court only orally pronounced the defendant competent to proceed without entering a written order as required by rule.
- The Third District Court of Appeal reversed the revocation, finding the trial court failed to comply with Florida Rule of Criminal Procedure 3.212(b) by not reducing its competency finding to a written order.
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Why it matters
This opinion reinforces the strict procedural requirement that competency findings be reduced to a written order, even in probation revocation proceedings, and confirms the remedy of remand for a nunc pro tunc order or… — full analysis with a trial
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