Dixon v. State, 250 So. 3d 872 (2018)

Aug. 16, 2018 · District Court of Appeal of Florida, First District · No. 1D17-3367

250 So. 3d 872

Willie George DIXON, Jr., Appellant,
v.
STATE of Florida, Appellee.

No. 1D17-3367

District Court of Appeal of Florida, First District.

August 16, 2018

Andy Thomas, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Steven Edward Woods, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Willie George Dixon, Jr. raises three issues on appeal. The first, regarding the trial court's failure to conduct a proper competency determination, requires reversal-which the State concedes. The other two we find to be without merit. The remedy is a remand for the trial court to conduct a nunc pro tunc competency evaluation; if one cannot be done, Dixon must receive a new trial. See Brooks v. State , 180 So.3d 1094, 1095 (Fla. 1st DCA 2015).

Makar, Winokur, and Winsor, JJ., concur.