IN RE COMMITMENT OF REILLY

No. 2D07-2789.

970 So.2d 453 (2007)

In re COMMITMENT OF Michael REILLY. Michael K. Reilly, Petitioner, v. State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

December 7, 2007.


Attorney(s) appearing for the Case

Joseph Cerino, Fort Myers, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Yvette Acosta MacMillan, Assistant Attorney General, Tampa, for Respondent.


STRINGER, Judge.

In this petition for writ of certiorari, Michael Reilly contends that the trial court departed from the essential requirements of the law when it found him incompetent to proceed based on his counsel's stipulation to the findings of a competency evaluation that was over six months old. Because this stale report did not provide competent, substantial evidence as to Reilly's present competence to proceed, we grant the petition.

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