MARTIRE v. GUALTIERI (2018)

District Court of Appeal of Florida, Second District.

Frank Joseph MARTIRE, Appellant/Petitioner(s), v. Bob GUALTIERI, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D18–0357

Decided: March 08, 2018

The petitioner's petition for writ of habeas corpus is granted to the extent that upon the petitioner's motion, the trial court shall determine whether there is a substantial probability that the petitioner will attain competency in the foreseeable future. See Jackson v. Indiana, 406 U.S. 715, 738 (1972) (“We hold, consequently, that a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future.”). Should the trial court find that there is not a substantial probability that the petitioner will attain competency in the foreseeable future, the trial court shall release the petitioner under appropriate conditions pursuant to Florida Rule of Criminal Procedure 3.212(d) if the State does not initiate involuntary civil commitment proceedings. See Dep't of Children And Family Servs. v. State, 124 So. 3d 430, 433 (Fla. 2d DCA 2013).

BY ORDER OF THE COURT:

CASANUEVA, KELLY, and CRENSHAW, JJ., Concur.

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