STATE, DHRS v. BENTLEY

No. 92-00159.

617 So.2d 368 (1993)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. Honorable E. Randolph BENTLEY, Circuit Judge, Tenth Judicial Circuit, Polk County, Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 14, 1993.


Attorney(s) appearing for the Case

Michael S. Moreland, Counsel for G. Pierce Wood Memorial Hosp., Arcadia, for appellant.

Robert A. Butterworth, Atty. Gen., and Kathleen E. Moore, Asst. Atty. Gen., Tallahassee, for appellee.


DANAHY, Acting Chief Judge.

In this appeal we clarify the procedural uncertainties faced by a circuit court in its regularly scheduled periodic review of the status of a criminal defendant who has been committed to the Department of Health and Rehabilitative Services (HRS) because of his incompetency to stand trial.

In an auxiliary proceeding of the pending criminal prosecution, the circuit court adjudicated the defendant in this case, Allen J. West, incompetent...

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