State v. Noel

Full title: STATE of Florida, Appellant, v. Michel NOEL, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 27, 2017

228 So. 3d 727 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–4393

10-27-2017

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

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.

PER CURIAM.

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.

PER CURIAM.

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). We reject Appellee's contention that dismissal was proper pursuant to Florida Rule of Criminal Procedure 3.213(a)(2). The record does not support the assertion that Appellee met the statutory definition of "intellectual disability."

REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ., concur.