Thurston v. Navarro
This text of 546 So. 2d 448 (Thurston v. Navarro) 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 grant the petition for writ of habeas corpus, quash the order under review, remand for further proceedings, and accordingly, order petitioner released forthwith.
Prior to the trial court finding petitioner not guilty by reason of insanity, three court appointed doctors and two privately retained doctors each found petitioner did not meet the criteria for involuntary commitment under section 916.15, Florida Statutes (1987). After finding petitioner not guilty by reason of insanity, without any other expert testimony being presented, the trial court found petitioner met such criteria and ordered her committed to the Department of Health and Rehabilitative Services to be placed in a mental health treatment facility.
The trial court improperly chose to reject the uncontradicted expert opinion testimony that petitioner did not meet the criteria for involuntary commitment.
We do not foreclose the State from seeking whatever treatment of petitioner is permitted by law to insure her safety and the safety of others. Fla.R.Crim.P. 3.217(b).
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Cite This Page — Counsel Stack
546 So. 2d 448, 14 Fla. L. Weekly 1666, 1989 Fla. App. LEXIS 3873, 1989 WL 75764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-v-navarro-fladistctapp-1989.