Stone v. State

Full title: JAMES ALAN STONE, Petitioner, v. STATE OF FLORIDA, Respondent.

Court: Florida Court of Appeals, Fifth District

Date published: Oct 7, 2021

No. 5D21-2418 (Fla. Dist. Ct. App. Oct. 7, 2021)

Opinion

5D21-2418

10-07-2021

JAMES ALAN STONE, Petitioner, v. STATE OF FLORIDA, Respondent.

Robert Wesley, Public Defender, and Daniel S. Spencer, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Petition for Certiorari Review of Order from the Circuit Court for Orange County, LT Case. No. 2002-CF-4464, Tanya Davis Wilson, Judge.

Robert Wesley, Public Defender, and Daniel S. Spencer, Assistant Public Defender, Orlando, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

We grant the petition for certiorari and quash the trial court's order finding Petitioner competent to proceed. See Jackson v. State, 98 So.3d 133, 134 (Fla. 5th DCA 2012) ("It is well-settled that the legal status of a defendant cannot be adjudicated from incompetent to competent without the benefit of a hearing."); see also Fla. R. Crim. P. 3.212(c)(6).

PETITION GRANTED; ORDER QUASHED.

EVANDER, EDWARDS and SASSO, JJ., concur.