State v. Johns

THREADGILL, Judge.

The state appeals an order dismissing an information for unlawful burning of lands based on the trial court’s finding that the appellee is incompetent to proceed. We reverse.

On appellee’s motion, two psychiatrists were appointed to evaluate his competence to stand trial. Both psychiatrists indicated the appellee, who was seventy-nine years old, was incompetent and would not get any better. In addition, the state conceded the ap-pellee did not meet the criteria for commitment for treatment set forth in section 916.13, Florida Statutes (1993). Based on the psychiatrists’…