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STATE v. SMITH

No. 4D07-1811.

982 So.2d 756 (2008)

STATE of Florida, Appellant, v. Devon SMITH, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellee.

WARNER, J.

The State of Florida appeals the dismissal, without prejudice, of charges against appellee Devon Smith, finding him incompetent to proceed due to mental retardation. The state contends that the court erred in failing to appoint experts for a third time to evaluate the appellee prior to dismissal. We affirm as no further hearing is required under Florida Rule of Criminal Procedure 3.213(a)(2), when appellee's incompetency is due to mental retardation.

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