           FIRST DISTRICT COURT OF APPEAL
                  STATE OF FLORIDA
                   _____________________________

                           No. 1D17-5347
                   _____________________________

DAVID P. KEVER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                   _____________________________


On appeal from the Circuit Court for Gilchrist County.
Mark W. Moseley, Judge.

                           August 23, 2019


PER CURIAM.

     Appellant challenges the judgment and sentence for violation
of probation raising two issues. We affirm Appellant’s claim of an
inadequate Faretta * hearing without further comment.
Appellant’s other claim is that after the court raised the issue of
Appellant’s competency, the court failed to conduct a hearing on
the issue. See Fla. R. Crim. P. 3.210(b). The record shows
otherwise. The court appointed an expert to assess competency,
received the report, and determined that Appellant was competent
to proceed in a hearing where all parties were present. Appellant
never challenged the adequacy of the hearing during any trial level


    *   Faretta v. California, 422 U.S. 806 (1975).
proceedings or the briefs in this appeal. Accordingly, he waived
any appellate challenge to the adequacy of the hearing. Rosier v.
State, 44 Fla. L. Weekly D1686, 2019 WL 2710739 (Fla. 1st DCA
June 28, 2019) (en banc). However, the case is remanded for the
trial court to enter its written order nunc pro tunc to memorialize
the court’s oral pronouncement of Appellant’s competency which
occurred at the hearing held April 13, 2017. See Lucas v. State,
238 So. 3d 1290 (Fla. 1st DCA 2018); Merriell v. State, 169 So. 3d
1287 (Fla. 1st DCA 2015).

    AFFIRMED; REMANDED with directions.

LEWIS, MAKAR, and BILBREY, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Andy Thomas, Public Defender, and Kasey Lacey, Assistant Public
Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Julian E. Markham,
Assistant Attorney General, Tallahassee, for Appellee.




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