CARRION v. STATE

No. 5D03-3410.

859 So.2d 563 (2003)

Michael CARRION, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 21, 2003.


Attorney(s) appearing for the Case

Robert Wesley, Public Defender, and Steven S. Graves, Assistant Public Defender, Orlando, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent.


MONACO, J.

Michael Carrion seeks a writ of prohibition to prevent the trial court from proceeding with his criminal trial before he has had a mental health evaluation. In view of the due process implications raised by the facts, we elect to treat the petition as one seeking certiorari, and grant the writ.

Mr. Carrion was charged with a life felony, and the public defender's office was appointed to represent him. Subsequently, the trial court entered an order...

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