Stone v. State

Full title: James Alan STONE, Petitioner, v. STATE of Florida, Respondent.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 7, 2021

326 So. 3d 209 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 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.

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.