Jackson v. State, 249 So. 3d 792 (2018)

July 27, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D17-1047

249 So. 3d 792

Jadarion Devonte JACKSON, Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D17-1047

District Court of Appeal of Florida, Fifth District.

Opinion filed July 27, 2018

James S. Purdy, Public Defender, and David M. Dixon, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

As the State properly concedes, the record does not support the conclusion that the trial judge made an independent determination of competency before accepting Appellant's plea entered after his competency was ostensibly restored. Accordingly, we reverse and remand for further proceedings. Bynum v. State , 43 Fla. L. Weekly D1063 (Fla. 5th DCA May 11, 2018) ; Rumph v. State , 217 So.3d 1092, 1094 (Fla. 5th DCA 2017).

REVERSED AND REMANDED.

COHEN, C.J., TORPY and EVANDER, JJ., concur.