Fitzsimons v. State

Appellant, under charges of second-degree murder, assault with intent to commit first-degree murder, and burglary, was found not guilty by reason of insanity following a nonjury trial. The trial court, thereupon, pursuant to Fla.R.Crim.P. 3.460, forthwith committed him to the Division of Mental Health finding him manifestly dangerous to the peace and safety of the people.

It is not clear from the order of commitment, nor from any other document included in the record on appeal, whether appellant was afforded a hearing by the trial court specifically on the issue of his being manifestly…