State v. Noel
This text of 228 So. 3d 727 (State v. Noel) 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.
Opinion
We reverse the order dismissing the information based upon the ostensible, permanent incompetency of the defendant because the order was premature. Fla. R. Crim. P. 3.213(a)(1); State v. Carey, 212 So.3d 448 (Fla. 3d DGA 2017) (dismissal premature until lapse of five years after determination of incompetency).- We reject Appellee’s contention that dismissal was proper pursuant to Florida Rule of Criminal Procedure 3.213(a)(2). The record does not support the assertion that Appellee met the statutory definition of “intellectual disability.”
REVERSED AND REMANDED.
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Cite This Page — Counsel Stack
228 So. 3d 727, 2017 WL 4844921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-noel-fladistctapp-2017.