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504 So. 2d 27

504 So.2d 27

12 Fla.L.Weekly 739

Brooks v. State

District Court of Appeal of Florida · decided 1987-03-10

Cited by 1 later decisions — most recently April 1988

1 state decisions

Relies on 485 So. 2d 409 - Johnson v. Feder

Good law ✅— No negative treatment on recordhow we know

Decided 1987-03-10

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WENTWORTH, Judge.

¶1Appellant seeks review of an order by which his involuntary hospitalization was continued without a hearing. Upon receipt of an annual hospital report that appellant met the criteria for continued hospitalization, the court declined to grant appellant’s request for a hearing. Appellee concedes on appeal that, as established by Johnson v. Feder, 485 So.2d 409 (Fla.1986), in accordance with section 916.15, Florida Statutes, and Fla.R.Crim.P. 3.218, appellant is entitled to the requested hearing. The parties raised the further issue as to whether Rule 3.218(a), in providing that “the defendant shall have a right to be present at such hearing,” creates an unqualified right even where compelling circumstances militate against such presence. However, the record on appeal does not establish the existence of such compelling circumstances in the present case, and we therefore decline to determine this asserted issue.

¶2The order appealed is reversed and the cause remanded.

WIGGINTON and NIMMONS, JJ., concur.
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