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HENRY v. STATE

No. 5D15-2231.

178 So.3d 928 (2015)

Kenneth Ray HENRY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 6, 2015.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Daniel S. Spencer , Assistant Public Defender, Daytona Beach, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Respondent.

Kenneth Ray Henry petitions this Court for certiorari review of the denial of his motion to dismiss under section 916.303(1), Florida Statutes (2013). We grant the petition and remand for dismissal of the charges without prejudice to the State to refile should Henry become competent in the future.

On May 17, 2013, Henry was found incompetent...

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