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ANDREWS v. JOHNSON

No. 1D06-4617.

941 So.2d 494 (2006)

Basil ANDREWS, Petitioner, v. Ralph JOHNSON, Sheriff, Walton County, State of Florida, and Department of Children and Family Services, Respondents.

District Court of Appeal of Florida, First District.

November 7, 2006.

Attorney(s) appearing for the Case

William Kemper Jennings, Defuniak Springs, for Petitioner.

Charlie Crist, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Respondents.

PER CURIAM.

By petition for writ of habeas corpus, or alternatively, for writ of certiorari, Basil Andrews challenges an order committing him to the custody of the Department of Children and Families for placement at the Florida State Hospital, following a determination that he continues to be incompetent to proceed in a pending criminal matter. We conclude that the proper remedy is certiorari. See Mosher v. State, 876 So.2d 1230

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