Summary
holding trial court could not commit incompetent defendant to state hospital for treatment to restore him to competency absent clear and convincing evidence that there was substantial probability mental illness causing defendant's incompetence would respond to treatment and defendant would regain competency in foreseeable future
Summary of this case from Dep't of Children & Families v. Wazim Nawaz Kamaluddin & StateOpinion
No. 5D06-3725.
February 23, 2007.
Appeal from the Circuit Court, Brevard County, George W. Maxwell III, J.
Charles D. Peters, Orlando, for Petitoner.
Robert R. Berry and Gregory W. Eisenmenger of Eisenmenger, Berry Peters, P.A., Viera, for Respondent.
Petitioner, the Department of Children and Family Services, ("Department"), seeks a writ of certiorari quashing the trial court's order committing Respondent, Shannon Edward Ewell, to the Florida State Hospital for treatment to restore him to competency. The only medical expert who evaluated Ewell opined that Ewell will not be able to reach competency through any known therapeutic program. Section 916.13(1)(c), Florida Statutes (2006), requires that before a defendant is committed to the Department for competency restoration, there must be "clear and convincing evidence that . . . [t]here is a substantial probability that the mental illness causing the defendant's incompetence will respond to treatment and the defendant will regain competency to proceed in the reasonably foreseeable future." Because there was no evidence presented below to support Ewell's commitment pursuant to section 916.13(1)(c), we find the trial court departed from the essential requirements of the law by ordering Ewell's commitment for competency restoration. E.g., M.H. v. State, 901 So.2d 197, 200 (Fla. 4th DCA 2005) (recognizing that "[w]here competent, substantial evidence does not support the trial court's finding regarding competency or involuntary commitment, the trial court has departed from the essential requirements of the law"). Therefore, we grant the petition, quash the order below, and remand this matter to the circuit court for further proceedings.
Ewell is charged with one count of burglary and one count of petit theft.
CERTIORARI GRANTED; ORDER QUASHED; REMANDED.
SAWAYA, ORFINGER and LAWSON, concur.