In re Frederick (508 So. 2d 44, 1987)

Florida District Court of Appeal 1987-06-10

Citations

Full opinion text

PER CURIAM.

Reversed. We hold that the provisions of section 744.331(4), Florida Statutes (1985) are mandatory and require an actual hearing to determine competency as outlined in the provisions of the section. The requirement for a hearing may not be waived by counsel for the alleged incompetent. Cf. In re Keene, 343 So.2d 916 (Fla. 4th DCA 1977).

ANSTEAD, DELL and GUNTHER, JJ., concur.