Mr. Dougherty was charged with resisting an officer with violence and acquiring a controlled substance by fraud. He was found incompetent and committed to a mental hospital. Later he was transferred to jail and his attorney filed a motion to determine his competency. The court appointed mental health experts to evaluate him. At the hearing, his attorney stipulated that Mr. Dougherty was competent. He was then tried and convicted. On appeal, he argued he was never found competent to proceed. The Fifth District Court of Appeal disagreed but remanded the cause for entry of a written order.