Miller v. State

In my view, appellant was improperly convicted of attempted first degree murder and simple battery upon a woman. We should reverse and remand with direction to proceed in accordance with the following *1291statement of law and holding in Fisher v. State, 506 So.2d 1052 (Fla. 2d DCA 1987):

Ordinarily, a defendant who successfully moves for judgment of acquittal is entitled to discharge. However, acquittal by reason of insanity requires different treatment. In such a circumstance the trial judge may: “(1) discharge the defendant; (2) order outpatient treatment at a specific appropriate facility; or…