STATE OF FLORIDA, APPELLANT,
v.
MICHEL NOEL, APPELLEE

Fla. 5th DCA | 2017-10-27
No. Case No. 5D16-4393
TORPY, WALLIS and LAMBERT, JJ.,' concur.
228 So. 3d 727 Florida District Court of Appeal, Fifth District (2017) Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order dismissing the information based upon the ostensible, permanent incompetency of the defendant because the order was premature. Fla. R. Crim. P. 3.213(a)(1); State v. Carey, 212 So.3d 448 (Fla. 3d DGA 2017) (dismissal premature until lapse of five years after determination of incompetency).- We reject Appellee’s contention that dismissal was proper pursuant to Florida Rule of Criminal Procedure 3.213(a)(2). The record does not support the assertion that Appellee met the statutory definition of “intellectual disability.”

REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ.,' concur.

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  • Haywood v. Bacon, 248 So. 3d 1254 (Fla. 5th DCA 2018)
    …not adopt the judgment verbatim, blindly, or without making in-court findings." Rykiel v. Rykiel, 795 So. 2d 90, 92 (Fla. 5th DCA 2000), as amended on reh'g (Feb. 9, 2001), quashed on other grounds, 838 So. 2d 508 (Fla. 2003) ; accord West v. West, 228 So. 3d 727, 728-29 (Fla. 5th DCA 2017) ( [An] "appearance of impropriety exists when the trial judge adopts verbatim one party's one-sided final judgment, especially where the judge did not orally announce findings or rulings during or at the end of trial.").…
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