Abreu-Gutierrez v. James

Jose Abreu-Gutierrez appeals a trial court order denying his pro se petition for writ of habeas corpus which alleged that his involuntary commitment to restore competency to proceed, pursuant to section 916.13, Florida Statutes (2008), was illegal. Because no evidence was presented at the last competency hearing to establish that the defendant’s mental illness was amenable to treatment, and because the unrefuted evidence suggested that he could not be restored to competency within the reasonably foreseeable future, we remand for further proceedings.

In March 2005, Abreu was charged with…