MacNeil v. State

W. SHARP, Judge.

MacNeil petitions this court for the issuance of a writ of habeas corpus seeking his release from the custody of the Department of Health and Rehabilitative Services. He argues that he has been improperly involuntarily committed pursuant to section 916.13, Florida Statutes (1989), after being adjudicated incompetent to proceed under Rule 3.210. We agree and quash the order placing him in the custody of HRS.

Initially, respondent HRS asserts that the remedy of habeas corpus is improper because it is premature. Although Mac-Neil was adjudicated incompetent and committed to the…