YUSEF FURQAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that an order continuing involuntary commitment is facially insufficient if it fails to include findings that the defendant has a mental illness and is manifestly dangerous as a result.
[1] An order for involuntary commitment under section 916.15(2), Florida Statutes, must contain findings that the defendant has a mental illness and, as a result of that illn…
[2] An order continuing involuntary commitment is facially insufficient if it fails to include explicit findings regarding the defendant's mental illness and manifest dangero…
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Join FLexlaw to unlock all legal intelligenceYusef Furqan petitioned for certiorari review of an order continuing his involuntary commitment. The order failed to provide findings that Furqan had …
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Yusef Furqan petitions this court for certiorari review of a September 28, 2010, circuit court order continuing his involuntary commitment pursuant to section 916.15(2), Florida Statutes (2010). Furqan argues that the order is facially insufficient because it fails to provide any findings that he has a mental illness and, as a result of that illness, is manifestly dangerous to himself or others. The State concedes that the order is facially insufficient. Because we find that the order fails to include the requisite findings under section 916.15(2), we grant the petition, quash the order, and remand for further proceedings.1
Under 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.” In this instance, the circuit court examined whether Furqan was mentally ill and manifestly dangerous during the status hearing yet failed to make explicit findings as to either of these factors in its order of commitment. Hence, the order was deficient and result*97ed 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.
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Citator
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Yusef Furqan v. State, 91 So. 3d 913 (Fla. 2d DCA 2012)…tatutes (2008), provide the statutory law governing such continuing jurisdiction. In an earlier certiorari proceeding, this court ordered the circuit court to make explicit findings to justify Mr. Furqaris continued commitment. See Furqan v. State, 56 So. 3d 96 (Fla. 2d DCA 2011). The circuit court cured that deficiency. In [*915] the order challenged in this proceeding, the circuit court found that Mr. Furqan continues to meet the criteria for involuntary commitment and ordered that he remain in the DCF’s…1 / 2
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Kellond v. State, 206 So. 3d 138 (Fla. 1st DCA 2016)
Authorities Cited
- Wisniewski v. State, 805 So. 2d 901 (Fla. 2d DCA 2001)
- Sellers v. State, 969 So. 2d 408 (Fla. 1st DCA 2007)
- Woods v. State, 969 So. 2d 408 (Fla. 1st DCA 2007)