TREVOR WOODS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2007-10-24
No. 1D07-1135
WOLF, POLSTON, and THOMAS, JJ., concur.
969 So. 2d 408 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 7 cases

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Holding

The trial court's order continuing involuntary commitment was deficient because it failed to make specific factual findings regarding the petitioner's manifest dangerousness.


Headnotes

[1] A trial court must make specific factual findings regarding a defendant's manifest dangerousness to himself or others to continue involuntary commitment after an acquitta…

[2] Failure to include findings of fact supporting a conclusion of manifest dangerousness renders an order for continued involuntary commitment facially deficient.

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Facts & Procedural History

Petitioner was found not guilty by reason of insanity and committed. The state hospital later indicated he no longer met commitment criteria, but the …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner appeals the trial court’s order continuing his involuntary commitment after he had been found not guilty of attempted murder by reason of insanity. We treat the appeal of the order as a petition for writ of certiorari, see Mosher v. State, 876 So. 2d 1230 (Fla. 1st DCA 2004); Patton v. State, 712 So. 2d 1206 (Fla. 1st DCA 1998); Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984), grant the petition, quash the trial court’s order, and remand for further proceedings.

Background

On July 25, 2002, an information was filed charging the petitioner with attempted first-degree murder.

On June 12, 2003, the trial court entered an order finding the petitioner not guilty by reason of insanity and ordering his commitment to the Department of Children and Family Services pursuant to section 916.15, Florida Statutes, for treatment in a mental health facility. The proceedings below were commenced upon the filing of a letter by the attorney for the Florida State Hospital indicating that, according to the hospital staff, the petitioner no longer met the criteria for involuntary commitment. Attached to the letter was a clinical analysis, a proposed conditional release plan, and an agreement by the petitioner to conform to all the requirements of the conditional release plan. Also attached was an agreement of Bridgeway Center, Inc., stating that it would provide mental health services to petitioner upon his conditional release.

On February 1, 2007, a hearing on the conditional release plan was held pursuant to Florida Rule of Criminal Procedure 3.218(b). The state objected to the petitioner’s release because it believed the petitioner was still a threat. The state requested that if the petitioner was to be released, that the court order him to wear a GPS monitoring device.

The trial court noted its preference for the petitioner to be monitored electronically if released. Ultimately, the Court stated: “Until I get something further that would just convince this court that the safeguards are in place to protect the community, at this time the request for the conditional release will be denied.” On February 7, 2007, the trial court issued an order finding that the petitioner continues to meet the criteria for continued commitment under the supervision of DCF. This appeal followed.

Analysis

The petitioner argues that the trial court’s order was deficient because the trial court did not make any factual findings regarding whether the petitioner was a manifest danger to himself or others. According to section 916.15(2):

A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others.

§ 916.15(2), Fla. Stat. (2006) (emphasis added).

Thus, for commitment to be continued pursuant to section 916.15, the court must find that the defendant is mentally ill and is manifestly dangerous to himself or to others. See Wisniewski v. State, 805 So. 2d 901 (Fla. 2d DCA 2001).

In the instant case, the trial court did not find that the petitioner was manifestly dangerous to himself or others and failed to include findings of fact on which such a conclusion could have been based. The court merely made the eonclusory finding that the petitioner “continues to meet the criteria for his continued commitment under the supervision of the Department of Children and Families.” Because the trial court failed to include findings of fact in its commitment order relevant to the issue of whether a defendant is manifestly dangerous to himself or others, the order is facially deficient. See Wisniewski, 805 So. 2d at 901 (remanding for the trial court to issue a new order including statutorily required findings); Tavares v. State, 871 So. 2d 974 (Fla. 5th DCA 2004); see also Fla. R.Crim. P. 3.217(b)(1) (stating that order committing defendant after acquittal by reason of insanity must contain findings of fact relating to issue of commitment).

The trial court departed from the essential requirements of law by failing to make the required findings. Courts have held that in light of the liberty interests at stake, a trial court departs from the essential requirements of law when it fails to make the required statutory findings to involuntarily commit a child under section 985.223(g).1 D.H. v. State, 952 So. 2d 603 (Fla. 1st DCA 2007); M.H. v. State, 901 So. 2d 197 (Fla. 4th DCA 2005). Similarly, because of the liberty interests at stake in this case, we hold that when a trial court fails to make the statutory findings necessary to continue involuntary commitment after a defendant has been found not guilty by reason of insanity under section 916.15, it has departed from the essential requirements of law.

Conclusion

For the foregoing reasons, the appeal is treated as a petition for writ of certiorari, the petition is GRANTED, the order continuing commitment is QUASHED, and the cause is REMANDED for further proceedings. We express no opinion as to whether competent, substantial evidence supports the petitioner’s continued commitment.

WOLF, POLSTON, and THOMAS, JJ., concur. . In 2006 the section was renumbered as 985.19 by Chapter 2006-120, § 30, Laws of Florida. That statute lays out the findings required to involuntarily commit a child found to be incompetent.


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Citator

Cited By

  • Nevels v. State, 973 So. 2d 655 (Fla. 2d DCA 2008)
    …WHATLEY, Judge. We consider Nevels’ appeal as a petition for writ of certiorari and deny the petition. See Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007). NORTHCUTT, C.J. and FULMER, J., Concur.…
  • Yusef Furqan v. State, 56 So. 3d 96 (Fla. 2d DCA 2011)
    …ctors in its order of commitment. Hence, the order was deficient and result [*97] ed in a departure from the essential requirements of law. See Fla. R.Crim. P. 3.217(b)(1); Wisniewski v. State, 805 So. 2d 901, 901 (Fla. 2d DCA 2001); Woods v. State, 969 So. 2d 408, 410 (Fla. 1st DCA 2007). Accordingly, we grant Furqan’s petition and quash the order continuing his involuntary commitment. Petition granted, order quashed, and remanded for further proceedings. CASANUEVA, C.J., and VILLANTI, J., Concur. . F…
    1 / 2
  • Yusef Furqan v. State, 91 So. 3d 913 (Fla. 2d DCA 2012)
    …3d 96 (Fla. 2d DCA 2011) (reviewing as petition for writ of certiorari prior proceeding in case number 2D 10-5180 and granting petition based on facial insufficiency of the order continuing involuntary commitment) (Fla. 2d DCA 2011), Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007) (converting appeal to a petition for writ of certiorari for review of an order continuing involuntary commitment of a defendant adjudicated not guilty by reason of insanity and granting petition based on facial insufficiency of t…

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