Ricciardelli v. State

ANSTEAD, Chief Judge.

This case involves an appeal from a denial of a motion by appellant, Gary G. Ric-ciardelli, to dismiss pending criminal charges pursuant to Florida Rule of Criminal Procedure 3.218(b) because of his continuing mental incompetency for more than five years. Ordinarily, the denial of a motion to dismiss would not be appealable because the issue could be raised after a disposition of the case on the merits. However, because of the determination that Ric-ciardelli remains incompetent to stand trial, the charges may never be decided on the merits, and without this review…