PERRY MCSHAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Perry McShay, acquitted by reason of insanity and involuntarily hospitalized, appealed the trial court's denial of his motion for a hearing and appointment of a public defender after the mental facility filed a status report. The appellate court held that Florida Rule of Criminal Procedure 3.218 entitles such individuals to a hearing within thirty days of a facility report and mandates appointment of counsel.
A defendant acquitted by reason of insanity is entitled to a hearing within thirty days of the court's receipt of an administrator's report regarding involuntary hospitalization, and is entitled to representation by a public defender if indigent, pursuant to Florida Rule of Criminal Procedure 3.218 and section 916.15, Florida Statutes.
[1] A court must hold a hearing within thirty days of receiving a report from a mental facility administrator regarding the involuntary hospitalization of a defendant.
[2] A defendant involuntarily hospitalized due to an insanity acquittal has a statutory right to appointed counsel if they cannot afford an attorney.
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Join FLexlaw to unlock all legal intelligence“the court shall hold a hearing within thirty days of the receipt of any such report from the administrator of the facility on the issues raised thereby”
Establishes the mandatory hearing requirement under Rule 3.218 following a facility administrator's report on involuntary hospitalization.
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Join FLexlaw to unlock all legal intelligenceIn 1978, McShay was acquitted of aggravated battery by reason of insanity and was involuntarily hospitalized in 1979. On April 25, 1983, the mental fa…
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PER CURIAM.
Appellant seeks review of the trial court’s denial of his motion for a hearing regarding his involuntary placement and the denial of his motion for a public defender. In 1978, appellant was acquitted of aggravated battery by reason of insanity and, as a result, was involuntarily hospitalized in 1979.
On April 25, 1983, a report by the administrator of'the mental facility wherein appellant was confined was filed with the court indicating that appellant continued to meet the criteria for continued confinement. On August 8, 1983, appellant filed a motion requesting a hearing under rule 3.218, Florida Rules of Criminal Procedure, and the appointment of a public defender. On August 17, 1983, the trial court denied appellant’s motion for a hearing and a public defender. On appeal, appellant claims that he was entitled to an attorney and a hearing after the report on his mental status was filed with the court, pursuant to rule 3.218, Florida Rules of Criminal Procedure. We agree.
Florida Rule of Criminal Procedure 3.218 provides that administrators of mental facilities shall provide the court with a report addressing the issues of involuntary hospitalization of defendants on a regular basis. The rule states that “the court shall hold a hearing within thirty days of the receipt of any such report from the administrator of the facility on the issues raised thereby....” Based on the language in this section, we find that appellant was entitled to a hearing after the court received the report from the administrator of the mental health facility where he was placed. We also agree with appellant that he was entitled to be represented by counsel. Chapter 916, Florida Statutes (1981), provides that defendants have a right to the type of hearing described in rule 3.218, and that “[i]n the event the defendant cannot afford counsel, the court shall appoint a public defender to represent him.”
For the reasons stated above, we find that appellant was deprived of his rights as provided in Florida Rule of Criminal Procedure 3.218 and section 916.15, Florida Statutes (1981). Therefore, we reverse the de- cisión of the trial court and remand for a hearing and appointment of a public defender. HOBSON, A.C.J., and GRIMES and CAMPBELL, JJ., concur.
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Johnson v. Feder, 485 So. 2d 409 (Fla. 1986)…BARKETT, Justice. This cause is before the Court on petition for review because the decision below, Johnson v. Feder, 463 So. 2d 431 (Fla. 3d DCA 1985), conflicts with McShay v. State, 447 So. 2d 444 (Fla.2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision below and adopt the holding of the Second District in McShay. Petitioner, Eugene Johnson, was found not guilty by reason of insanity on two separate murde…
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State v. Honorable E. Randolph Bentley, 617 So. 2d 368 (Fla. 2d DCA 1993)…nd no party requested a hearing on the administrator’s report. We believe the better procedure to guide the circuit court in the instant circumstances is found in Johnson v. Feder, 485 So. 2d 409 (Fla.1986) (adopting the holding of McShay v. State, 447 So. 2d 444 (Fla. 2d DCA 1984)). In Johnson v. Feder, our supreme court resolved an analogous problem under section 916.15 (involuntary commitment of defendant adjudicated not guilty by reason of insanity) and related rule 3.218. The court determined that both…
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Johnson v. The Honorable Richard Yale Feder, 463 So. 2d 431 (Fla. 3d DCA 1985)…. State, 358 So. 2d 190, 197 (Fla. 1st DCA 1978). The rule also serves to protect the public from an inadvertent administrative release of an insanity acquit-tee.2 We certify that our decision is in express and direct conflict with McShay v. State, 447 So. 2d 444 (Fla. 2d DCA 1984). Petition for writ of mandamus denied. . There is only Johnson’s bare statement that he “has been doing well.” . Johnson has other remedies available if he wishes to test the lawfulness of his hospitalization.…
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