         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D18-372
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EDWARD D. WALKER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Leon County.
James C. Hankinson, Judge.

                         October 3, 2019



PER CURIAM.

     Edward Walker appeals his judgment and sentence after
entering a nolo contendere plea to a charge of grand theft of a
motor vehicle. Walker claims that the trial court committed
fundamental error by failing to conduct a competency hearing after
his attorney requested a competency evaluation and the trial court
appointed an expert, as well as failing to make an individualized
finding as to his competency, before the trial court accepted
Walker’s plea. We agree and reverse. Sheheane v. State, 228 So. 3d
1178, 1180 (Fla. 1st DCA 2017).

    On remand, the trial court must address competency. Id. at
1181. If the evidence that existed previously supports a finding
that Walker was competent at the time of the plea, the trial court
may decide competency, nunc pro tunc, with no change in the
judgment. Id. However, if the trial court cannot make a retroactive
competency determination or it finds that Walker is incompetent,
the trial court must vacate Walker’s plea and set the case for trial.
Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016).

    REVERSED and REMANDED with instructions.

WOLF, KELSEY, and WINOKUR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Candice K. Brower, General Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Region One, Gainesville, and Michael
J. Titus, Assistant Regional Conflict Counsel, Office of Criminal
Conflict and Civil Regional Counsel, Region One, Tallahassee, for
Appellant.

Ashley Moody, Attorney General, and Sharon Traxler, Assistant
Attorney General, Tallahassee, for Appellee.




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