JABULANI CHEMBO GRAHAM, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Dep't OF Child. & Fam. Servs. v. Amaya, 10 So. 3d 152 (Fla. 4th DCA 2009)
  …release the defendant “on appropriate conditions” as provided in Rule 3.212(d). See Abreu-Gutierrez v. James, 1 So. 3d 262, 267 (Fla. 4th DCA 2009); Dep't of Children & Families v. Gilliland, 947 So. 2d 1262, 1263 (Fla. 5th DCA 2007); Oren v. Judd, 940 So. 2d 1271, 1274 (Fla. 2d DCA 2006); Mosher v. State, 876 So. 2d 1230, 1232 (Fla. 1st DCA 2004). Florida Rule of Criminal Procedure 3.212(d) provides that, when an incompetent defendant does not meet the criteria for commitment to the Department, the court ma…
• Abreu-Gutierrez v. James, 1 So. 3d 262 (Fla. 4th DCA 2009)
  …ond to treatment. No evidence was presented that he could be restored to competency within the reasonably foreseeable future. Absent such evidence or findings, Abreu cannot continue to be detained pursuant to section 916.13. See, e.g., Oren v. Judd, 940 So. 2d 1271, 1273-74 (Fla. 2d DCA 2006); [*266] Mosher v. State, 876 So. 2d 1230, 1231-32 (Fla. 1st DCA 2004); see also Dep’t of Children & Families v. Gilliland, 947 So. 2d 1262 (Fla. 5th DCA 2007). In contrast to the reports from the court-appointed experts,…
• Dep't OF Child. & Families v. Gilliland, 947 So. 2d 1262 (Fla. 5th DCA 2007)
  …er section 916.13(l)(c) because he suffered from a mental illness that was permanent and there was not a substan [*1263] tial likelihood that competency would be restored); Andrews v. Johnson, 941 So. 2d 494 (Fla. 1st DCA 2006) (same); Oren v. Judd, 940 So. 2d 1271 (Fla. 2d DCA 2006) (same). As the court explained in Oren, the State will have to institute civil commitment proceedings or Gilliland will have to be released. Oren, 940 So. 2d at 1274. PETITION GRANTED. PALMER and EVANDER, JJ., concur.…

Authorities Cited

• State v. Kindle, 782 So. 2d 971 (Fla. 5th DCA 2001)