JAMES ALAN STONE vs STATE OF FLORIDA

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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 JAMES ALAN STONE, Petitioner, vs. Case No. 5D21-2418 LT Case. No. 2002-CF-4464 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed October 7, 2021 Petition for Certiorari Review of Order from the Circuit Court for Orange County, Tanya Davis Wilson, Judge. Robert Wesley, Public Defender, and Daniel S. Spencer, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. We grant the petition for certiorari and quash the trial court’s order finding Petitioner competent to proceed. See Jackson v. State, 98 So. 3d 133, 134 (Fla. 5th DCA 2012) (“It is well-settled that the legal status of a defendant cannot be adjudicated from incompetent to competent without the benefit of a hearing.”); see also Fla. R. Crim. P. 3.212(c)(6). PETITION GRANTED; ORDER QUASHED. EVANDER, EDWARDS and SASSO, JJ., concur. 2

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