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603 So. 2d 654

Docket No. 92-486.

Cuervo v. State

Jose CUERVO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 11, 1992.

District Court of Appeal of Florida · decided 1992-08-11

Cited by 2 later decisions — most recently March 1998

2 state decisions

Key passage — most relied on by later courts

“a later decision by the court to transfer the defendant to the Department of Health and Rehabilitative Services after five years of hospitalization, pursuant to the Baker Act, section 394.467, Florida Statutes (1991), does not divest the court of jurisdiction over the person and it may amend the commitment order to require that the administrator of the H.R.S. facility comply with Florida Rule of Criminal Procedure 3.213(b), which mandates that the State Attorney of the committing circuit be notified no less than thirty days prior to the anticipated date of release of the defendant. Cuervo, 603 So.2d at 654 . Based on controlling case law, such as Jackson, Jones, and Trippodo , which the Cuervo decision failed to cite, we find that Cuervo was incorrectly decided. We, therefore, recede from any portion of Cuervo that is inconsistent with this opinion.”

quoted by 1 later decision, including State v. Heidrick

Good law ✅— No negative treatment on recordhow we know

Decided 1992-08-11

View the full empirical analysis of this case →

¶1Bennett H. Brummer, Public Defender, and Merrill & Pollack, Gary W. Pollack, Sp. Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen. and Marc E. Brandes, Asst. Atty. Gen., for appellee.

¶3Before NESBITT, FERGUSON and LEVY, JJ.

¶4PER CURIAM.

¶5This appeal challenges the court's jurisdiction to revisit and amend its order committing a criminal defendant to the Department of Health and Rehabilitative Services after five years of hospitalization as incompetent to stand trial for murder.

¶6Where the circuit court commits a criminal defendant to involuntary hospitalization pursuant to section 916.13, Florida Statutes (1991), as incompetent to stand trial, it retains jurisdiction over the defendant for the purpose of continued hospitalization or release. A later decision by the court to transfer the defendant to the Department of Health and Rehabilitative Services after five years of hospitalization, pursuant to the Baker Act, section 394.467, Florida Statutes (1991), does not divest the court of jurisdiction over the person and it may amend the commitment order to require that the administrator of the H.R.S. facility comply with Florida Rule of Criminal Procedure 3.213(b), which mandates that the State Attorney of the committing circuit be notified no less than thirty days prior to the anticipated date of release of the defendant.

¶7Affirmed.

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