JOSE CUERVO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This appeal challenges the court’s jurisdiction to revisit and amend its order committing a criminal defendant to the Department of Health and Rehabilitative Services after five years of hospitalization as incompetent to stand trial for murder. Where the circuit court commits a criminal defendant to involuntary hospitalization pursuant to section 916.13, Florida Statutes (1991), as incompetent to stand trial, it retains jurisdiction over the defendant for the purpose of continued hospitalization or release. A later decision by the court to transfer the defendant to the Department of Health and Rehabilitative Services after five years of hospitalization, pursuant to the Baker Act, section 394.467, Florida Statutes (1991), does not divest the court of jurisdiction over the person and it may amend the commitment order to require that the administrator of the H.R.S. facility comply with Florida Rule of Criminal Procedure 3.213(b), which mandates that the State Attorney of the committing circuit be notified no less than thirty days prior to the anticipated date of release of the defendant.
Affirmed.
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Ozbourn v. State, 651 So. 2d 795 (Fla. 1st DCA 1995)…ents or sentences have, we are informed, by now expired. Even if aspects of this interlocutory order had been reviewable during the pen-dency of the prosecution, see State v. Cooks, 642 So. 2d 23 (Fla. 5th DCA 1994) (state appeal); Cuervo v. State, 603 So. 2d 654 (Fla. 3d DCA 1992); Hall v. Haddock, 573 So. 2d 149 (Fla. 1st DCA 1991) (mandamus), the appeal of the decision to declare appellant incompetent to stand trial is now moot. Accordingly, we express no opinion on the sufficiency of the evidence to supp…
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State v. Heidrick, 707 So. 2d 1165 (Fla. 3d DCA 1998)…held that when the charges against the defendant had been nolle prossed, the consent requirement of section 917.01(2) was inapplicable and the hospital had the authority to discharge the defendant. Further, the State also relies on Cuervo v. State, 603 So. 2d 654 (Fla. 3d DCA 1992). In Cuervo, the defendant was involuntarily hospitalized due to his incompetence to stand trial. After five years of hospitalization, the circuit court dismissed the defendant’s charges without prejudice and transferred the defend…
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Zabalo v. State, 609 So. 2d 179 (Fla. 3d DCA 1992)…PER CURIAM. Affirmed. See Cuervo v. State, 603 So. 2d 654 (Fla. 3d DCA 1992).…