Department of Children & Families v. Alvarado

District Court of Appeal of Florida

Department of Children & Families v. Alvarado

946 So. 2d 130, 2007 Fla. App. LEXIS 483, 2007 WL 120072

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 2007

DocketNo. 5D06-3442

StatusPublished

This text of 946 So. 2d 130 (Department of Children & Families v. Alvarado) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Children & Families v. Alvarado, 946 So. 2d 130, 2007 Fla. App. LEXIS 483, 2007 WL 120072 (Fla. Ct. App. 2007).

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Opinion

LAWSON, J.

The Department of Children and Families, (“Department”), seeks certiorari review of an order finding Anthony R. Alvarado incompetent to proceed in his criminal case, and involuntarily committing Alvarado to the Department for mental health treatment pursuant to section 916.13, Florida Statutes (2006). The order on review states that the trial court based its decision solely upon the written reports of experts appointed pursuant to section 916.115, Florida Statutes (2006), and Florida Rule of Criminal Procedure 3.210(b). There were three experts appointed to evaluate Alvarado. All three reported that Alvarado was competent to proceed.

Because the trial court’s finding of incompetence was not supported by the record, we find that the challenged order departs from the essential requirements of the law. See, e.g., Dep’t of Children & Families v. C.R.C., 867 So.2d 592 (Fla. 2004). Accordingly, we grant certiorari and quash the order on review.

CERTIORARI GRANTED; ORDER QUASHED.

GRIFFIN and MONACO, JJ., concur.

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LAWSON, J.

The Department of Children and Families, (“Department”), seeks certiorari review of an order finding Anthony R. Alvarado incompetent to proceed in his criminal case, and involuntarily committing Alvarado to the Department for mental health treatment pursuant to section 916.13, Florida Statutes (2006). The order on review states that the trial court based its decision solely upon the written reports of experts appointed pursuant to section 916.115, Florida Statutes (2006), and Florida Rule of Criminal Procedure 3.210(b). There were three experts appointed to evaluate Alvarado. All three reported that Alvarado was competent to proceed.

Because the trial court’s finding of incompetence was not supported by the record, we find that the challenged order departs from the essential requirements of the law. See, e.g., Dep’t of Children & Families v. C.R.C., 867 So.2d 592 (Fla. 2004). Accordingly, we grant certiorari and quash the order on review.

CERTIORARI GRANTED; ORDER QUASHED.

GRIFFIN and MONACO, JJ., concur.

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946 So. 2d 130, 2007 Fla. App. LEXIS 483, 2007 WL 120072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-children-families-v-alvarado-fladistctapp-2007.

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