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CUERVO v. STATE

No. 92-486.

603 So.2d 654 (1992)

Jose CUERVO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Merrill & Pollack, Gary W. Pollack, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.

PER CURIAM.

This appeal challenges the court's jurisdiction to revisit and amend its order committing a criminal defendant to the Department of Health and Rehabilitative Services after five years of hospitalization as incompetent to stand trial for murder.

Where the circuit court commits a criminal defendant to involuntary hospitalization pursuant to section 916.13, Florida Statutes (1991), as incompetent to stand trial, it retains jurisdiction over the defendant...

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