Mosher v. State of Fla.

876 So. 2d 1230 (Fla.1st DCA 2003)

A person with a severe and persistent mental illness who had been institutionalized for significant periods of time was found not competent to proceed to trial after a charge of aggravated battery, and she was confined to the forensic unit at Florida State Hospital (FSH). After confinement and treatment for about two years, FSH reported that she would not regain competency. The trial court determined that state law required her to be confined for five years. We appealed by filing a petition for writ of certiorari on the basis that there was clear evidence that she could not attain competency and that continued confinement violated due process. The First DCA held that due process required the court to release the client from the criminal confinement or commit her under the ordinary civil commitment process.