REIGOSA v. STATE

No. 77-2655.

362 So.2d 714 (1978)

Jose Emilio REIGOSA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 26, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and James H. Greason, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and BARKDULL and KEHOE, JJ.


KEHOE, Judge.

This is an appeal of an order of involuntary hospitalization under the Baker Act, specifically Section 394.467, Florida Statutes [1977]. We reverse.

A careful review of the record of the hearing on the state's petition for involuntary hospitalization reveals that although it was adequately proven that appellant was mentally ill, he was not shown to be dangerous to himself. Neither did the state show by clear and convincing evidence that he was...

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