STONE v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

James Alan STONE, Petitioner, v. STATE of Florida, Respondent.

Case No. 5D21-2418

Decided: October 07, 2021

Robert Wesley, Public Defender, and Daniel S. Spencer, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent.

We grant the petition for certiorari and quash the trial court's order finding Petitioner competent to proceed. See Jackson v. State, 98 So. 3d 133, 134 (Fla. 5th DCA 2012) (“It is well-settled that the legal status of a defendant cannot be adjudicated from incompetent to competent without the benefit of a hearing.”); see also Fla. R. Crim. P. 3.212(c)(6).

PETITION GRANTED; ORDER QUASHED.

PER CURIAM.

EVANDER, EDWARDS and SASSO, JJ., concur.

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