SMITH v. STATE

Case No. 5D18-1468.

247 So.3d 77 (2018)

Tysheona SMITH, Petitioner, v. STATE of Florida and Cornita A. Riley, as Chief of Orange County Corrections, Respondents.

District Court of Appeal of Florida, Fifth District.

Opinion filed May 11, 2018.


Attorney(s) appearing for the Case

Robert Wesley , Public Defender, and Samantha E. Habermehl , Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Respondent, State of Florida.

No Appearance for other Respondent.


CORRECTED

Tysheona Smith, an incompetent defendant, petitions for a writ of habeas corpus seeking immediate release from the Orange County jail. Because the trial court had no basis to order Petitioner detained until it could make a determination as to whether Smith qualified for involuntary commitment, we grant the petition.

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