Beikirich v. State

Full title: In re the Commitment of JOHN R. BEIKIRICH, Appellant, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Second District

Date published: Oct 9, 2002

828 So. 2d 421 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-5473

Opinion filed October 9, 2002.

Petition for Writ of Certiorari to the Circuit Court for Sarasota County; Thomas M. Gallen, Judge.

Elliott C. Metcalfe, Jr., Public Defender, and Christopher E. Cosden, Assistant Public Defender, Sarasota, for Petitioner.

Robert A. Butterworth, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Respondent.

FULMER, Judge.

The issues raised in Beikirich's petition for certiorari have recently been addressed in and are controlled by this court's opinion in Smith v. State, 27 Fla. L. Weekly D2033 (Fla.2d DCA Sept. 11, 2002). In accord with Smith, therefore, we grant the petition, vacate the trial court's order, and remand for further proceedings.

SILBERMAN and KELLY, JJ., Concur.