Cruz v. State

The Petition for Writ of Certiorari is denied without prejudice to the Petitioner’s right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed *977“because five years have not elapsed since Petitioner was found incompetent”).

PETITION DENIED.

PALMER, LAWSON and EVANDER, JJ., concur.