5D03-2004 Abel Tavares v. State

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Fifth District Court » 2004 » 5D03-2004 Abel Tavares v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2004

Case Date: 04/05/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

ABEL TAVARES, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed April 8, 2004 Appeal from the Circuit Court for Brevard County, Lawrence V. Johnston, Senior Judge. James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, J. The primary issue presented in this case is whether the State or the defendant has the burden of proof in commitment hearings following a finding of not guilty of a crime by reason of insanity. We conclude that at the initial hearing following a trial at which the defendant is found not guilty by reason of insanity, the defendant bears that burden. Abel Tavares was charged by information with arson of a dwelling. The defense timely filed a notice of intent to rely on the defense of insanity, and presented expert evidence at the trial that Mr. Tavares suffered from a still unstabilized combination of bipolar disorder and CASE NO. 5D03-2004

schizophrenia. The defense evidence indicated that Mr. Tavares had been severely mentally ill for about 25 years, and that he had been previously hospitalized at a mental health facility as a result of these conditions. His behavior included "decompensating," and being "paranoid, delusional [and] cautious." His doctor testified that "Tavares does not have the mental equipment to cope with his mental disorder nor the typical activities of daily living. Medicated or unmedicated." Moreover, the doctor testified that Mr. Tavares' condition worsened during the course of the three interviews that he conducted with him, and that his thinking is "likely to be disoriented . . . confusing . . . bizarre." The jury found Mr. Tavares not guilty by reason of insanity. The trial court subsequently held a hearing pursuant to section 916.15, Florida Statutes (2003), and Rule 3.217, Florida Rule of Criminal Procedure. Mr. Tavares argued that he should be conditionally released and placed into an outpatient treatment program, while the State argued for involuntary commitment to an appropriate facility within the Department of Children and Family Services ("DCF"). The trial court agreed with the State and entered an order involuntarily committing Mr. Tavares to DCF. Mr. Tavares appeals the rendition of that order. Following a verdict of not guilty by reason of insanity, a trial court can involuntarily commit a defendant for treatment by adhering to the requirements of section 916.15, Florida Statutes (2003). Subsection (1) of that statute states in pertinent part: A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant is mentally ill and, because of the illness, is manifestly dangerous to himself or herself or others. 2

See also Wisniewski v. State , 805 So. 2d 901 (Fla. 2d DCA 2001). The trial court, thus, has the initial responsibility to determine if a defendant is (1) mentally ill, and (2) because of the illness, "manifestly dangerous to himself or herself or others." If the defendant satisfies these criteria, then the judge is to commit the defendant to DCF. See Fla. R. Crim. P. 3.217(b). If the defendant does not meet these criteria, then the court must determine whether to discharge the defendant, or order the defendant to outpatient treatment at a specific appropriate facility. See Addington v. Texas, 441 U.S. 418 (1979); State v. Vigil, 410 So. 2d 528, 530 (Fla. 1st DCA 1982); see also

Download 5D03-2004 Abel Tavares v. State.pdf