PETERSON v. GUALTIERI (2019)

District Court of Appeal of Florida, Second District.

Bobby PETERSON, Appellant/Petitioner(s), v. Bob GUALTIERI, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D19-1752

Decided: June 24, 2019

After reviewing the record and the State's concession of error, the petition for writ of habeas corpus is granted. Competent and substantial evidence does not support the trial court's finding that the petitioner meets the criteria for commitment under section 916.13(1), Florida Statutes (2018). See Dep't of Children & Families v. Garcia, 245 So. 3d 919 (Fla. 3d DCA 2018); Mosher v. State. 876 So. 2d 1230 (Fla. 1st DCA 2004). Within five days, the trial court shall either institute a civil commitment proceeding or release the petitioner. See Schofield v. Judd, 268 So. 3d 890, 896 (Fla. 2d DCA 2019).

BY ORDER OF THE COURT:

SILBERMAN, KELLY, and SMITH, JJ., Concur.

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