2025-0099•Luker v. State of Florida
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FIRST D ISTRICT COURT OF APPEAL S TATE OF FLORIDA _____________________________ No. 1D2025-0099 _____________________________ A UBREY JAMES LUKER , Appellant, v. STATE OF FLORIDA , Appellee. _____________________________ 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
2 “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. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ 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.
OCR transcription; preserved printed pages are authoritative
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D2025-0099 AUBREY JAMES LUKER, Appellant, v. STATE OF FLORIDA, Appellee. 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. lst 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. lst DCA 2024); Awolowo v. State, 389 So. 3d 788, 798 (Fla. lst DCA 2024). AFFIRMED. RAY, WINOKUR, and TREADWELL, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.831. 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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