Robinson v. Snyder

The petition for mandamus, which seeks to require the trial judge to conduct an eviden-tiary hearing concerning the petitioner’s present competence to stand trial, is denied on the authority of State, Department of Health & Rehabilitative Services v. Bentley, 617 So.2d 368, 370 (Fla. 2d DCA 1993):

In the appeal from this order, HRS contends that a strict construction of rule 3.212(c) mandates an automatic circuit court hearing on every report filed by the administrator regardless of what competency status the administrator reports to the court. We disagree. Rule 3.212(c)(5)(ii) states: “If ...…