ABREU-GUTIERREZ v. JAMES

No. 4D08-1900.

1 So.3d 262 (2009)

Jose ABREU-GUTIERREZ, Appellant, v. Diane R. JAMES, as Administrator of Florida State Hospital, and Robert A. Butterworth, as Secretary of the Florida Department of Children and Family Services, Appellees.

District Court of Appeal of Florida, Fourth District.

January 5, 2009.


Attorney(s) appearing for the Case

Jose Abreu-Gutierrez, Chattahoochee, pro se.

No appearance for appellees.


PER CURIAM.

Jose Abreu-Gutierrez appeals a trial court order denying his pro se petition for writ of habeas corpus which alleged that his involuntary commitment to restore competency to proceed, pursuant to section 916.13, Florida Statutes (2008), was illegal. Because no evidence was presented at the last competency hearing to establish that the defendant's mental illness was amenable to treatment, and because the unrefuted...

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