In re Frederick

508 So. 2d 44, 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8666
District Court of Appeal of Florida·Decided June 10, 1987·No. No. 4-86-1836·Published·Cited by 2 cases

Opinion

PER CURIAM.

Reversed. We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require an actual hearing to determine competency as outlined in the provisions of the section. The requirement for a hearing may not be waived by counsel for the alleged incompetent. Cf. In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977).

ANSTEAD, DELL and GUNTHER, JJ., concur.

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In re Frederick, 508 So. 2d 44, 12 Fla. L. Weekly 1437, 1987 Fla. App. LEXIS 8666 (Fla. Ct. App. 1987).

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