Opinion
No. 1D20-3417
10-13-2021
Doretta FELTON, Appellant, v. STATE of Florida, Appellee.
Jessica J. Yeary, Public Defender; and Jasmine Quintera Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General; and Bilal Ahmed Faruqui, Senior Assistant Attorney General, Tallahassee, for Appellee.
Jessica J. Yeary, Public Defender; and Jasmine Quintera Russell, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General; and Bilal Ahmed Faruqui, Senior Assistant Attorney General, Tallahassee, for Appellee.
Per Curiam.
Ms. Felton appeals the trial court's order authorizing involuntary medical treatment. Ms. Felton was found not guilty by reason of insanity on two charges of child neglect and is a patient at Florida State Hospital. Ms. Felton has been diagnosed with schizoaffective disorder and her physician believed increased dosage of her medication would reduce her symptomatic and disruptive behavior. The Department of Children and Families petitioned the trial court pursuant to section 916.107(3) to authorize nonemergency but essential treatment. After a hearing where testimony from both Ms. Felton's physician and Ms. Felton was heard, the trial court made the necessary findings and ordered treatment for 90 days.
We have jurisdiction to review final orders of trial courts. Art. V, § 4(b)(1), Fla. Const. We review orders authorizing treatment under section 916.107 for competent, substantial evidence. Dinardo v. State , 742 So. 2d 287, 289 (Fla. 1st DCA 1998). The testimony of Ms. Felton's physician meets this standard. The physician testified that Ms. Felton is mentally ill, that the treatment is essential to her care, and that the treatment is not experimental and does not present an unreasonable risk of serious, hazardous, or irreversible side effects. § 916.107(3)(a)3, Fla. Stat. (2020). Ms. Felton's argument that her testimony contradicted her physician's is unpersuasive given that it is the prerogative of the trial judge to resolve credibility disputes.
AFFIRMED .
Jay, M.K. Thomas, and Long, JJ., concur.