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GARCIA-MARRERO v. STATE

No. 3D02-851.

822 So.2d 594 (2002)

Andres GARCIA-MARRERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 14, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General (Fort Lauderdale), for appellee.

Before SCHWARTZ, C.J., and GERSTEN, and SORONDO, JJ.

CONFESSION OF ERROR

PER CURIAM.

Andres Garcia-Marrero ("appellant") appeals a trial court order of commitment or re-commitment and retention of jurisdiction. We reverse.

Appellant was found incompetent to stand trial for murder in March of 1984 and was committed to the Department of Health and Rehabilitative Services for placement in a secure forensic facility. Five years later, because appellant was still incompetent with no foreseeable return...

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