State v. Carey

WELLS, Judge.

The State appeals from an order terminating jurisdiction, discharging Appellee and dismissing the pending criminal case against Appellee, on a finding that Appel-lee could not be restored to competency and that further review by the court would be futile. We agree with the State that Florida Rule of Criminal Procedure 3.213(a)(1) precludes dismissal of the criminal case at this time and for that reason reverse in part the order under review.

The underlying facts are relatively undisputed. Appellee is an elderly woman who suffers from advancing dementia which is irreversible. The…