Legal Opinion

State v. Miranda

District Court of Appeal of Florida

Decided April 2, 2014No. Nos. 3D12-269, 3D12-270PublishedCited by 5 opinions

1Opinion of the CourtRothenberg, J.

The State of Florida appeals from a non-final order finding Hugo Miranda (“the defendant”) incompetent to proceed and from related orders.1 Because the State’s request for an evidentiary hearing should have been granted, we reverse the orders under review and remand for an evidentia-ry hearing.

Factual and Procedural Background

The defendant was arrested and charged with the aggravated stalking of two minors in April 2011. Soon thereafter, the trial court ordered pretrial release of the defendant on the condition that the defendant stay away from the victims. Within days of his release,…

2Cases cited2 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Graham v. JenneDistrict Court of Appeal of Florida · 2003

3Cited by5 opinions

  1. Department of Children & Families v. StateDistrict Court of Appeal of Florida · 2015
  2. McCray v. StateDistrict Court of Appeal of Florida · 2017
  3. State of Florida v. Cynthia J. BenninghoffDistrict Court of Appeal of Florida · 2016
  4. ALI MARINO v. STATE OF FLORIDA and GREGORY TONY, as Sheriff of Broward CountyDistrict Court of Appeal of Florida · 2019
  5. McCray v. StateDistrict Court of Appeal of Florida · 2017

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