          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D17-0938
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ADRIAN LAMAR GRAHAM,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Jackson County.
Shonna Young Gay, Judge.

                          June 13, 2018


PER CURIAM.

     Appellant challenges his judgment and sentence, after jury
trial, on one count of battery on a law enforcement officer. He
asserts error in the trial court’s denial of his motion for judgment
of acquittal, denial of a requested jury instruction, exclusion of a
video from evidence, and denial of his motion for new trial.
However, we do not reach these issues because Appellant also
asserts and the State concedes error in the pretrial proceedings
under rule 3.212, Florida Rules of Criminal Procedure, which
requires reversal.

    The record reflects that prior to trial Appellant was found
incompetent to proceed to trial due to mental illness. Fla. R.
Crim. P. 3.212(c).    A subsequent evaluation indicated the
psychologist’s opinion that Appellant was competent to proceed.
However, the record contains no transcript or other indication of
an independent hearing or written order by the court finding that
Appellant had been restored to competence prior to the trial.

    Under these circumstances, proceeding to trial violated
Appellant’s due process rights and reversal is required.
Dougherty v. State, 149 So. 3d 672 (Fla. 2014). The case is
remanded for further proceedings in light of Blaxton v. State, 188
So. 3d 48 (Fla. 1st DCA 2016) and Belizaire v. State, 188 So. 3d
933 (Fla. 1st DCA 2016).

   REVERSED and REMANDED.

B.L. THOMAS, C.J., and BILBREY and JAY, 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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Andy Thomas, Public Defender, and Lori A. Willner, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg,
Assistant Attorney General, Tallahassee, for Appellee.




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