Garcia-Marrero v. State

CONFESSION OF ERROR

Andres Garcia-Marrero (“appellant”) appeals a trial court order of commitment or re-commitment and retention of jurisdiction.- We reverse.

Appellant was found incompetent to stand trial for murder in March of 1984 and-was committed to the Department of Health and Rehabilitative Services for placement in a secure forensic facility. Five years later, because appellant was still incompetent with no foreseeable return to competency, the charges against him were dismissed pursuant to Rule 8.213, Florida Rules of Criminal Procedure. Since the charges against him were dismissed,…