Department of Health & Rehabilitative Services v. Pelz

GOSHORN, Chief Judge.

The Department of Health and Rehabilitative Services (HRS) appeals from the trial court’s order requiring HRS to take custody of Richard Pelz and to hospitalize him in a secure forensic unit. We reverse.

Richard Pelz was arrested for attempting to rape and murder a female clerk at a 7-11 store. Pelz was charged by information with attempted first degree murder,1 attempted sexual battery,2 and kidnapping.3 The record shows that lengthy medical examinations were conducted to evaluate the competency of Pelz due to his history of mental, emotional, and learning problems. The…