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DEPT. OF H & R SERV. v. PELZ

Nos. 91-2035, 91-2042.

609 So.2d 155 (1992)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Richard Michael PELZ, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

December 4, 1992.

Attorney(s) appearing for the Case

John W. Hedrick, Tallahassee, for appellant.

James Dickson Crock, Daytona Beach, for appellee.

GOSHORN, Chief Judge.

The Department of Health and Rehabilitative Services (HRS) appeals from the trial court's order requiring HRS to take custody of Richard Pelz and to hospitalize him in a secure forensic unit. We reverse.

Richard Pelz was arrested for attempting to rape and murder a female clerk at a 7-11 store. Pelz was charged by information with attempted first degree murder,1 attempted sexual battery,2...

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