Jakari Webb v. State of Florida

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-1038
LT Case No. 2022-303030-CFDB
_____________________________
JAKARI WEBB,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Volusia County.
Randell H. Rowe, III, Judge.
Matthew J. Metz, Public Defender, and Darnelle Lawshe,
Assistant Public Defender, Daytona Beach, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Whitney
Brown Hartless, Assistant Attorney General, Daytona Beach, for
Appellee.
February 6, 2026
PER CURIAM.
In this appeal from his convictions and sentences for first-
degree murder and resisting an officer without violence, Appellant
claims that the trial court committed fundamental error in failing
to make an independent determination of Appellant’s competence
after appointing an expert to evaluate Appellant’s competence to

2
proceed. Because the record reflects that the trial court had
reasonable grounds to believe that Appellant might not be
competent, the court fundamentally erred when it failed to make
an independent determination regarding Appellant’s competence.
See Carnley v. State, 403 So. 3d 1094, 1097 (Fla. 5th DCA 2025);
accord Davis v. State, 418 So. 3d 851, 852 (Fla. 5th DCA 2025).
Accordingly, we reverse and remand for a nunc pro tunc
determination of Appellant’s competence at the time of trial or for
a new trial, if such determination cannot be made by the court.
Davis, 418 So. 3d at 852; Carnley, 403 So. 3d at 1097.
REVERSED and REMANDED.
JAY, C.J., and KILBANE and MACIVER, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________