CLARKE v. STATE

No. 84-1380.

455 So.2d 1112 (1984)

Hansel Tyrone CLARKE, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

September 18, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard J. Hochman, Sp. Asst. Public Defender, for petitioner.

Jim Smith, Atty. Gen., and Steven Kolodny, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


BARKDULL, Judge.

We deny the petition for certiorari under review because we find that the trial court properly found that before the accused can be considered for the remedies provided under Rule 3.213(b) Florida Rules of Criminal Procedure, said accused must demonstrate 5 consecutive uninterrupted years of incompetency to stand trial. As the record herein reflects that the defendant's periods of incompetency had been broken by periods of competency the trial court...

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