Luker v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-0099
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AUBREY 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

PER CURIAM.

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
“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.

RAY, WINOKUR, 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.

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