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Berry v. State

District Court of Appeal of Florida, First District
Mar 1, 2000
751 So. 2d 764 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2352.

Opinion filed March 1, 2000.

Appeal from Circuit Court for Duval County, Raymond E. Simpson, Judge.

Louis O. Frost, Jr., Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, for Appellant.

Robert A. Butterworth, Attorney General, and Amelia L. Beisner, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges a Baker Act order of involuntary placement for treatment pursuant to section 394.467, Florida Statutes. However, the record does not clearly and convincingly establish the nature, extent, and likelihood of any future harm which would comport with the requirements of section 394.467(1)(a)2. While the appellant might derive some benefit from further treatment in a structured living arrangement, this does not justify a Baker Act commitment. See Adams v. State, 713 So.2d 1063 (Fla. 1st DCA 1998); Braden v. State, 575 So.2d 756; Welk v. State, 542 So.2d 1343 (Fla. 1st DCA 1989). The appealed order is therefore reversed.

ALLEN, WOLF and VAN NORTWICK, JJ., CONCUR.


Summaries of

Berry v. State

District Court of Appeal of Florida, First District
Mar 1, 2000
751 So. 2d 764 (Fla. Dist. Ct. App. 2000)
Case details for

Berry v. State

Case Details

Full title:DELORA BERRY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 1, 2000

Citations

751 So. 2d 764 (Fla. Dist. Ct. App. 2000)