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Gooch v. State

913 So. 2d 1273, 2005 Fla. App. LEXIS 18104, 2005 WL 3055813
District Court of Appeal of Florida·Decided November 16, 2005·No. No. 3D05-2095·Published

Opinion

PER CURIAM.

The petitioner, Stanley A. Gooch, seeks a Writ of Habeas Corpus on the ground that he is supposedly being sent to a mental hospital without a formal competency hearing. Petitioner requests that the trial court set a date for a formal competency hearing. We deny the petition.

The record before us shows that the trial court appointed Dr. J. Toomer and Dr. R. Richardson as experts to determine the petitioner’s mental competency and [1274]*1274that their reports were filed on September 15, 2005. A probation violation hearing is currently set for October 21, 2005.

Petitioner is currently in the Dade County Jail awaiting his probation violation hearing, and is not in a mental hospital. Moreover, petitioner is currently represented by counsel and, thus, the instant petition is unauthorized. Logan v. State, 846 So.2d 472, 479 (Fla.2003).

Petition denied.

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Gooch v. State, 913 So. 2d 1273, 2005 Fla. App. LEXIS 18104, 2005 WL 3055813 (Fla. Ct. App. 2005).

913 So. 2d 1273 (Gooch v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Logan v. State
846 So. 2d 472 (Supreme Court of Florida, 2003)