Perkins v. State
On remand from Perkins I, a successor circuit judge conducted a nunc pro tunc competency evaluation to determine whether the defendant was competent throughout his October-December 2022 jury trial and sentencing. The judge found, based on the record, evidence, and contemporaneous expert testimony, that the defendant was competent, and the Fourth District approved that determination and affirmed the convictions for first-degree murder and attempted escape.
Key facts
- Defendant Perkins was convicted of first-degree murder and attempted escape following a jury trial and sentencing in October-December 2022.
- On remand from a prior appellate decision (Perkins I), a successor circuit judge conducted a nunc pro tunc competency evaluation to determine whether the defendant was competent during trial and sentencing.
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Why it matters
This decision illustrates how Florida appellate courts handle retrospective competency determinations when a proper contemporaneous evaluation was not conducted at trial, confirming that a nunc pro tunc evaluation… — full analysis with a trial
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