6D2023-3738
Reina, found incompetent to proceed due to intellectual disability, moved to dismiss charges under section 916.303(1) after two years of continued incompetency. The trial court denied dismissal and ordered re-evaluation without making the statutorily required findings that he would become competent in the foreseeable future and specifying a time frame. The Sixth DCA granted certiorari and quashed both orders, finding the trial court departed from essential requirements of law by failing to make the necessary statutory findings.
Key facts
- Reina was found incompetent to proceed due to intellectual disability and remained incompetent after two years of continued evaluation and treatment.
- Reina moved to dismiss charges under section 916.303(1), but the trial court denied the motion and ordered re-evaluation without making statutorily required findings that he would become competent in the foreseeable future or specifying a time frame.
- +1 more key fact with a free trial
Why it matters
This opinion reinforces and applies the strict findings requirement under section 916.303(1) for defendants with intellectual disabilities who remain incompetent beyond two years, joining sister-district precedent… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.