Legal Opinion

Gonzalez v. State

District Court of Appeal of Florida

Decided May 20, 2009No. 2D08-5322PublishedCited by 19 opinions

1Opinion of the Court

NORTHCUTT, Chief Judge.

Joel Gonzalez seeks review of an order declining to dismiss a pending criminal charge even though it is undisputed that Gonzalez is incompetent to stand trial due to his mental retardation and there is no reasonable likelihood he can be restored to competency. We grant Gonzalez’s petition for a writ of certiorari and quash the order.

In fall 2006, Gonzalez was arrested and charged with the felony offense of lewd molestation. On June 19, 2007, Gonzalez was adjudicated incompetent to stand trial due to his mental retardation, and he was involuntarily committed pursuant to…

2Cases cited10 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Allstate Ins. Co. v. KaklamanosSupreme Court of Florida · 2003
  3. State v. GoodeSupreme Court of Florida · 2002
  4. Mosher v. StateDistrict Court of Appeal of Florida · 2004
  5. Justice Administrative Com'n v. PetersonDistrict Court of Appeal of Florida · 2008

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3Cited by19 opinions

  1. State v. JonesDistrict Court of Appeal of Florida · 2010
  2. State v. WelchDistrict Court of Appeal of Florida · 2012
  3. Henry v. StateDistrict Court of Appeal of Florida · 2015
  4. McCray v. StateDistrict Court of Appeal of Florida · 2017
  5. McCray v. StateDistrict Court of Appeal of Florida · 2016

14 more not listed; retrieve them via the Exa API.

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