5D06-2626 DCF v. Gilliland

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-2626

Case Date: 01/29/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner, v. TERESA ANN GILLILAND AND STATE OF FLORIDA, Respondents. ________________________________/ Opinion filed February 2, 2007 Petition for Certiorari Review of Order from the Circuit Court for Brevard County, George W. Maxwell, III, Judge. Charles D. Peters, Orlando, for Petitioner. James R. Russo, Public Defender, and Blaise Trettis, Assistant Public Defender, Viera, for Respondent Teresa Ann Gilliland. No Appearance for Respondent State of Florida. Case No. 5D06-2626

SAWAYA, J. We grant the Department of Children and Families' petition for writ of certiorari and quash the trial court's order of continued commitment of the respondent, Teresa Ann Gilliland, an individual declared mentally incompetent t o proceed to trial on two felony charges. The uncontradicted medical testimony presented to the trial court

reveals that Gilliland suffers from dementia that will become progressively worse and

that there is little or no probability that she will become competent in the future. Therefore, Gilliland no longer meets the criteria for commitment to the Department under section 916.13(1)(c), Florida Statutes.

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