LARRY BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WENTWORTH, Judge.
Appellant seeks review of an order by which his involuntary hospitalization was continued without a hearing. Upon receipt of an annual hospital report that appellant met the criteria for continued hospitalization, the court declined to grant appellant’s request for a hearing. Appellee concedes on appeal that, as established by Johnson v. Feder, 485 So. 2d 409 (Fla.1986), in accordance with section 916.15, Florida Statutes, and Fla.R.Crim.P. 3.218, appellant is entitled to the requested hearing. The parties raised the further issue as to whether Rule 3.218(a), in providing that “the defendant shall have a right to be present at such hearing,” creates an unqualified right even where compelling circumstances militate against such presence. However, the record on appeal does not establish the existence of such compelling circumstances in the present case, and we therefore decline to determine this asserted issue.
The order appealed is reversed and the cause remanded.
WIGGINTON and NIMMONS, JJ., concur.
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Okeechobee Aerie 4137 v. Wilde, 199 So. 3d 333 (Fla. 4th DCA 2016)
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Hockensmith v. State, 524 So. 2d 462 (Fla. 2d DCA 1988)…e us is not one in which we are called upon to review the denial of a defendant’s request to be present where some “compelling circumstance” might justify the denial as an exception to the plain language of the statute and rule. See Brooks v. State, 504 So. 2d 27 (Fla. 1st DCA 1987). The only evidence presented in the case before us that could possibly be construed as militating against transport is a letter by an attorney for the hospital4 containing a request that the defendant be out of the hospital for a…
Authorities Cited
- Johnson v. Feder, 485 So. 2d 409 (Fla. 1986)