State v. Michel Noel

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant, v. Case No. 5D16-4393 MICHEL NOEL, Appellee. ________________________________/ Opinion filed October 27, 2017 Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee. PER CURIAM. We reverse the order dismissing the information based upon the ostensible, permanent incompetency of the defendant because the order was premature. Fla. R. Crim. P. 3.213(a)(1); State v. Carey, 212 So. 3d 448 (Fla. 3d DCA 2017) (dismissal premature until lapse of five years after determination of incompetency). We reject Appellee’s contention that dismissal was proper pursuant to Florida Rule of Criminal Procedure 3.213(a)(2). The record does not support the assertion that Appellee met the statutory definition of “intellectual disability.” REVERSED AND REMANDED. TORPY, WALLIS and LAMBERT, JJ., concur. 2

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