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STATE v. J.D.O.

No. 2D07-5209.

993 So.2d 80 (2008)

STATE of Florida, Appellant, v. J.D.O., Appellee.

District Court of Appeal of Florida, Second District.

September 19, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr, Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

The State appeals the order finding J.D.O. incompetent to stand trial for thirteen offenses dating back to 2005, when he was eight years of age. We reverse.

"The test for whether a defendant is competent to stand trial is whether `he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual...

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