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FACYSON v. JENNE

No. 4D02-2496.

821 So.2d 1169 (2002)

Walter FACYSON, Jr., Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida, Kathleen Kearney as Secretary of the Department of Children and Families, and State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 2002.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Assistant Public Defender, Ft. Lauderdale, for petitioner.

Kimberly A. Kisslan, Acting General Counsel, Ft. Lauderdale, for Respondent-Ken Jenne.

Douglas Greenbaum, Ft. Lauderdale, for Respondent-Kathleen Kearney as Secretary of the Department of Children and Families.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for Respondent-State of Florida.

STONE, J.

Petitioner seeks release from detention in the Broward County Jail and/or a writ directing the Department of Children and Families (the department) to take immediate custody of him.

The issue posed is whether a defendant who has been determined incompetent to stand trial may be detained in jail longer than the fifteen days allowed by section 916.017(1)(a), Florida Statutes. All of the affected parties are before this court.

Section 916.107...

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