TAVARES v. STATE

No. 5D03-2004.

871 So.2d 974 (2004)

Abel TAVARES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 2004.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The primary issue presented in this case is whether the State or the defendant has the burden of proof in commitment hearings following a finding of not guilty of a crime by reason of insanity. We conclude that at the initial hearing following a trial at which the defendant is found not guilty by reason of insanity, the defendant bears that burden.

Abel Tavares was charged by information with arson of a dwelling. The defense timely filed a notice...

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