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GONZALEZ v. STATE

No. 2D08-5322.

15 So.3d 37 (2009)

Joel GONZALEZ, an incompetent person, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

May 20, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert A. Young, General Counsel, Bartow, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Chief Judge.

Joel Gonzalez seeks review of an order declining to dismiss a pending criminal charge even though it is undisputed that Gonzalez is incompetent to stand trial due to his mental retardation and there is no reasonable likelihood he can be restored to competency. We grant Gonzalez's petition for a writ of certiorari and quash the order.

In fall 2006, Gonzalez was arrested and charged with the felony offense of lewd molestation. On June...

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