          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D15-5169
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DAUNTE OATS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Leon County.
James O. Shelfer, Judge.

                          October 3, 2018


PER CURIAM.

     Daunte Oats raises two issues on appeal: whether the trial
court failed to conduct a competency hearing and whether Florida’s
10-20-Life statute is unconstitutional as applied to juveniles. We
affirm as to the second issue, but reverse and remand as to the first
because it appears no competency hearing occurred. As the State
concedes, a determination was made that reasonable grounds
existed that Oats was not competent to proceed, but that no
competency hearing occurred. We therefore reverse and remand
for the trial court to conduct a nunc pro tunc competency
evaluation; if one cannot be done, Oats is entitled to a new trial.
See, e.g., Brooks v. State, 180 So. 3d 1094, 1096 (Fla. 1st DCA
2015).
MAKAR, WINOKUR, and WINSOR, 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 Kaye Brower, Criminal Conflict & Civil Regional Counsel,
Gainesville, and Michael Jerome Titus, Assistant Conflict
Counsel, Tallahassee, for Appellant.

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




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