Berry v. State

751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109
Procedural entryThis page is a short order in Berry v. State. Read the opinion of the Court — 792 So. 2d 611
District Court of Appeal of Florida·Decided March 1, 2000·No. No. 1D99-2352·Published

Opinion

PER CURIAM.

The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. However, the record does not clearly and convincingly establish the nature, extent, and likelihood of any future [765]*765harm which would comport with the requirements of section 394.467(l)(a)2. While the appellant might derive some benefit from further treatment in a structured living arrangement, this does not justify a Baker Act commitment. See Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998); Braden v. State, 575 So.2d 756; Welk v. State, 542 So.2d 1343 (Fla. 1st DCA 1989). The appealed order is therefore reversed.

ALLEN, WOLF and VAN NORTWICK, JJ., CONCUR.

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Berry v. State, 751 So. 2d 764, 2000 Fla. App. LEXIS 1972, 2000 WL 228109 (Fla. Ct. App. 2000).

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Related

Welk v. State
542 So. 2d 1343 (District Court of Appeal of Florida, 1989)
Braden v. State
575 So. 2d 756 (District Court of Appeal of Florida, 1991)
Adams v. State
713 So. 2d 1063 (District Court of Appeal of Florida, 1998)