Outcome n/a Florida 2017

E.C., a Child, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal · December 29, 2017 · Docket Case No. 5D17-3861

232 So. 3d 529

Syllabus

E.C., a Child, Petitioner, v. STATE of Florida, Respondent. Case No. 5D17-3861 District Court of Appeal of Florida, Fifth District. Opinion filed December 29, 2017 Robert Wesley, Public Defender, and Tyler Stiglich, Assistant Public Defender, Orlando, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

Full Opinion (1,033 characters)

PER CURIAM.
E.C. petitions this Court for a writ of mandamus compelling the trial court to toll speedy trial, stay all proceedings, and appoint two experts to evaluate his competency pursuant to Florida Rule of Juvenile Procedure 8.095 and section 985.19(1), Florida Statutes (2016). We sua sponte treat this matter as a petition for certiora-ri, find the trial court’s order departs from the essential requirements of law, and grant the petition.
E.C.’s counsel filed five separate motions to determine competency. The trial court denied all five motions as “legally insufficient.” While several of the motions were legally insufficient, the final motion satisfied the requirements of rule 8.095(a)(1) and section 985.19, and should have been granted. Hence, we quash the order denying the fifth motion to determine competency. On remand, the trial court shall stay the proceedings and order an examination in compliance with rule 8.095 and section 985.19.
PETITION GRANTED; ORDER QUASHED.
PALMER, ORFINGER and EVANDER, JJ., concur.

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