Henry v. State

Kenneth Ray Henry petitions this Court for certiorari review of the denial of his motion to dismiss under section 916.303(1), Florida Statutes (2013). We grant the petition and remand for dismissal of the charges without prejudice-to the State to refile should Henry become competent in, the future.

On May 17, 2013, Henry was found incompetent to proceed due to intellectual *929disability. On May 18, 2015, he filed for dismissal of the charges without prejudice under section 916.303(1). In response, the State moved to strike the motion to dismiss, or alternatively, to appoint two doctors to…