State of Florida v. Cynthia J. Benninghoff

The State appeals an order dismissing a charge against the defendant without, prejudice. The State argues the trial court erred in dismissing the charge prior to the expiration of five years from the time the court adjudicated the defendant incompetent, as required by Florida Rule of Criminal Procedure 3.213(a)(1). We agree and reverse.

RELEVANT DATES

June 28, 2011 State charges the defendant.

September 22, 2011 Trial court finds the defendant incompetent, but does not meet involuntary hospitalization criteria.

November 18, 2011 The defendant is placed on conditional release and ordered to…