Criminal law -- Competency of defendant -- Failure to hold hearing -- Appeals -- Remedy. When it is determined that trial court failed to hold competency hearing or enter order adjudicating competency after previously finding reasonable grounds to question defendant's competency, proper disposition of appeal is to temporarily remand to trial court with instructions to hold a hearing and issue an order determining whether a nunc pro tunc competency evaluation is possible within sixty days. Depending on outcome, trial court shall proceed with specific instructions outlined by appellate court which follow Florida Supreme Court's decision in Fowler v. State, and any order on remand relating to defendant's competency shall be filed with appellate court. Portion of appellate panel's prior decision vacating conviction and sentence is withdrawn.
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