final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 12-20525, Miguel de la O, Judge.
Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellant.
J. Martinez, Public Defender, and John Eddy Morrison,
Assistant Public Defender, for appellee.
WELLS, LAGOA and SALTER, JJ.
State appeals from an order terminating jurisdiction,
discharging Appellee and dismissing the pending criminal case
against Appellee, on a finding that Appellee could not be
restored to competency and that further review by the court
would be futile. We agree with the State that Florida Rule of
Criminal Procedure 3.213(a)(1) precludes dismissal of the
criminal case at this time and for that reason reverse in
part the order under review.
underlying facts are relatively undisputed. Appellee is an
elderly woman who suffers from advancing dementia which is
irreversible. The charges against her stem from an aggravated
battery on a pregnant woman.
period of three years, Appellee has been evaluated by a
number of experts all of whom agree she will never be
restored to competency. The State does not disagree with
these determinations and no determination of competency
restoration has been ordered by the court. In fact, Appellee
was conditionally released in 2013 to her family which
continues to care for her and to do everything possible to
protect others from her.
concluding that Appellee's physical condition, as well as
her mental status, makes Appellee no threat to the public and
that continued court supervision would be futile and a waste
of judicial resources, the court below terminated further
court ordered supervision or care and then dismissed the
criminal action against her.
the State does not take issue with the former determination
it claims that the court below erred in determining that a
lack of restorability to competency supports dismissal of the
criminal action. We agree.
3.213(a)(1) generally provides that charges "shall"
be dismissed against an individual charged with a felony who
remains incompetent for five years; who does not meet the
criteria for commitment; and, who has "no substantial
probability" of having competency restored:
Dismissal without Prejudice during Continuing
(1) If at any time after 5 years following a
determination that a person is incompetent to stand trial or
proceed with a probation or community control violation
hearing when charged with a felony, or 1 year when charged
with a misdemeanor, the court, after hearing, determines that
the defendant remains incompetent to stand trial or proceed
with a probation or community control violation hearing, that
there is no substantial probability that the defendant will
become mentally competent to stand trial or proceed with a
probation or community control violation hearing in the
foreseeable future, and that the defendant does not meet the
criteria for commitment, it shall ...