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STATE v. NOEL

Case No. 5D16-4393.

228 So.3d 727 (2017)

STATE of Florida, Appellant, v. Michel NOEL, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed October 27, 2017.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellee.

We reverse the order dismissing the information based upon the ostensible, permanent incompetency of the defendant because the order was premature. Fla. R. Crim. P. 3.213(a)(1); State v. Carey, 212 So.3d 448 (Fla. 3d DCA 2017) (dismissal premature until lapse of five years after determination of incompetency...

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