Luker v. State of Florida

FIRST D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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No. 1D2025-0099
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A UBREY JAMES LUKER ,
Appellant,
v.
STATE OF FLORIDA ,
Appellee.
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On appeal from the Circuit Court for Santa Rosa County.
Clifton Alan Drake, Judge.
June 3, 2026
P ER C URIAM.
Aubrey Luker appeals his judgment and sentence for first-
degree murder, challenging the denial of his motion for judgment
of acquittal, the admission of photographs depicting him in jail
attire 	and 	handcuffs, 	and 	the 	trial 	court’s 	failure 	to 	hold 	a
competency hearing or enter a written order adjudicating Luker
competent. We affirm and write only to address the competency
issue.
After Luker moved for a competency evaluation, the trial
court 	appointed 	an 	expert 	who 	concluded 	that 	Luker 	was
competent to stand trial. Thereafter, the trial court neither held a
competency 	hearing 	nor 	entered 	a 	written 	competency 	order.
Because 	nothing 	in 	Luker’s 	motion 	or 	the 	record 	provided

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“reasonable grounds” to doubt Luker’s competency to proceed, the
trial court did not commit fundamental error. Hicks v. State, 391
So. 3d 620, 624 (Fla. 1st DCA 2024), review granted sub nom. Hicks
v. Florida, No. SC2024-1182, 2025 WL 2622056 (Fla. Sept. 11,
2025); accord Davis v. State, 394 So. 3d 801, 804 (Fla. 1st DCA
2024); Awolowo v. State, 389 So. 3d 788, 798 (Fla. 1st DCA 2024).
AFFIRMED.
R AY , W INOKUR , and TREADWELL , 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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Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant
Public Defender, Tallahassee, for Appellant.
James 	Uthmeier, 	Attorney 	General, 	and 	Michael 	L. 	Schaub,
Assistant Attorney General, Tallahassee, for Appellee.