District Court of Appeal of Florida

Florida Statutes section 916.303(1) creates a substantive right requiring dismissal of criminal charges, without prejudice, against a mentally retarded defendant who remains incompetent to proceed for more than two years.

Appellate Information

• Decided 05/08/2006
• Published 05/09/2006

Judges

• THOMAS, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer and Maria Ines Suber, Assistant Public Defenders, Tallahassee, Attorneys for Petitioner.


• For Appellees:
  
• Charlie Crist, Attorney General, Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, Attorneys for Respondent.