FERNANDO CRUZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2012-09-21
No. 5D12-1946
PALMER, LAWSON and EVANDER, JJ., concur.
97 So. 3d 976 Florida District Court of Appeal, Fifth District (2012) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Petition for Writ of Certiorari is denied without prejudice to the Petitioner’s right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed *977“because five years have not elapsed since Petitioner was found incompetent”).

PETITION DENIED.

PALMER, LAWSON and EVANDER, JJ., concur.


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