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TIBURCIO v. STATE

No. 5D12-2296.

95 So.3d 1037 (2012)

Danny TIBURCIO, Petitioner, v. STATE of Florida, et al., Respondent.

District Court of Appeal of Florida, Fifth District.

August 27, 2012.

Attorney(s) appearing for the Case

Robert Wesley , Public Defender, and Daniel S. Spencer , Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Petitioner seeks release from the Florida State Hospital because he is incompetent to proceed on his criminal charges and cannot be restored to competency in the foreseeable future. Petitioner also seeks dismissal of the pending charges. The State concedes that Petitioner's continued detention is unlawful, but argues that the dismissal of the charges is premature because five years have not elapsed since Petitioner was found incompetent. See Fla...

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