LAWANDA BYRD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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[*873] MINER, J.
Petitioner, Lawanda Byrd, filed a petition for writ of certiorari to review the trial court’s decision to deny her motion to dismiss without prejudice, which was filed pursuant to section 916.303(1), Florida Statutes (1999). We agree with the trial court’s finding that Florida Rule of Criminal Procedure 3.213(a) supersedes the statute and required denying the motion to dismiss. However, given the Legislature’s clear intention to differentiate between defendants who are incompetent to proceed due to mental illness, which is often curable, and those whose incompetence is due to mental retardation or autism, for which there is no “cure,” the Florida Supreme Court may find it appropriate to consider amending Rule 3.213 to reflect such a distinction.
DENIED.
BENTON and LEWIS, JJ., concur in result.
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Hines v. State, 931 So. 2d 148 (Fla. 1st DCA 2006)…ed incompetent to proceed based on his mental retardation and that “there [was] no likelihood that [Petitioner] will regain competency within the near future.” However, the trial court denied Petitioner’s motion to dismiss, relying on Byrd v. State, 834 So. 2d 872 (Fla. 1st DCA 2002) (Benton and Lewis, JJ., concur in result only), review dismissed, 880 So. 2d 616 (Fla.2004), rather than following the clear language of section 916.303(1). In Byrd, Judge Miner explained that Florida Rule of Criminal Procedure 3…
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Lawanda Byrd v. State, 880 So. 2d 616 (Fla. 2004)…PER CURIAM. We originally accepted jurisdiction to review Byrd v. State, 834 So. 2d 872 (Fla. 1st DCA 2002), pursuant to article V, section 3(b)(1) and 3(b)(3) of the Florida Constitution, on the ground that the district court’s decision declared invalid a state statute and construed a provision of the state constitution. What we did n…
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In re Amendments to the Florida Rules of Criminal Procedure (three Year Cycle), 942 So. 2d 407 (Fla. 2006)…added to rule 3.213(b), Commitment or Treatment during Continuing Incompetency, providing for the involuntary admission of such persons to residential services as provided by law. The Committee proposed these amendments in response to Byrd v. State, 834 So. 2d 872, 873 (Fla. 1st DCA 2003) (“[G]iven the Legislature’s clear intention to differentiate between defendants who are incompetent to proceed due to mental illness, which is often curable, and those whose incompetence is due to mental retardation or autis…
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