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State v. Smith

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STATE OF FLORIDA, Appellant, v. DEVON SMITH, Appellee. No. 4D07-1811. District Court of Appeal of Florida, Fourth District. June 4, 2008. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Michele Towbin-Singer, Judge, L.T. Case No. 03-13584 CF10A. Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellant. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellee. WARNER, J. The State of Florida appeals the dismissal, without prejudice, of charges against appellee Devon Smith, finding him incompetent to proceed due to mental retardation. The state contends that the court erred in failing to appoint experts for a third time to evaluate the appellee prior to dismissal...continue to full post

Full post as published by Florida Criminal Law Opinions on June 04, 2008 (boomark / email).