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STATE v. D.V.

Nos. 4D12-1706, 4D12-1709.

111 So.3d 234 (2013)

STATE of Florida, Appellant, v. D.V., a Child, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell A. Egber , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Amy Lora Rabinowitz , Assistant Public Defender, West Palm Beach, for appellee.

CIKLIN, J.

In this case, the trial court adjudicated D.V. incompetent to proceed based on the evaluation of one expert appointed by the court and one expert appointed by the Department of Children and Families ("DCF"). We determine that the court erred because section 985.19(1)(b), Florida Statutes (2011), requires that the court base its competency determination on the evaluations of at least two experts appointed by the court. Accordingly, we reverse and remand...

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