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STATE v. COOKS

No. 93-2701.

642 So.2d 23 (1994)

STATE of Florida, Appellant, v. Eric James COOKS, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellee.

GOSHORN, Judge.

The State appeals the order determining that the Defendant is not competent to proceed to trial "by reason of permanent organic brain damage suffered at the time of the offense alleged." The State correctly contends that the Defendant's amnesia regarding the events of the crime does not mandate that he be found legally incompetent to stand trial. See Cortes-Rivas v. State, 623 So.2d 869 (Fla. 3d DCA 1993)...

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