Opinion
No. 2D12–1036.
2012-05-17
Alfred C. COLEMAN, Appellant / Petitioner(s), v. STATE Of Florida, Appellee / Respondent(s).
BY ORDER OF THE COURT.
The petition for writ of certiorari/habeas corpus is treated as a petition for writ of habeas corpus. See Horton v. Judd, 80 So.3d 439 (Fla. 2d DCA 2012). The petition is granted to the extent that, within 30 days of this order, the petitioner shall be granted a new hearing at which he shall be given the opportunity to demonstrate by a preponderance of the evidence, see Hill v. State, 358 So.2d 190, 201 (Fla. 1st DCA 1978), that he is no longer manifestly dangerous to himself and others if no longer under the supervision of the court and the conditional release provider. See§ 916.15(2), Fla. Stat. (2011); Thomas v. State, 443 So.2d 406, 407 (Fla. 4th DCA 1984). If the court denies the request, it shall rule on the record on the basis of this standard.