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508 So. 2d 44

508 So.2d 44

12 Fla.L.Weekly 1437

In re Frederick

District Court of Appeal of Florida · decided 1987-06-10

Relies on 343 So. 2d 916 - In Re Keene

Decided 1987-06-10

PER CURIAM.

¶1Reversed. We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require an actual hearing to determine competency as outlined in the provisions of the section. The requirement for a hearing may not be waived by counsel for the alleged incompetent. Cf. In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977).

ANSTEAD, DELL and GUNTHER, JJ., concur.
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