Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984). · Go Syfert
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Thomas v. State, 443 So. 2d 406 (Fla. 4th DCA 1984). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Reynolds v. State of Florida and Department of Children and Families (fladistctapp, 2024-05-02)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Reynolds v. State of Florida and Department of Children and Families
Fla. Dist. Ct. App. · 2024 · confidence medium
As noted in Thomas v. State, 443 So. 2d 406, 407 (Fla. 4th DCA 1984), and discussed supra, section 916.15 makes clear the trial court must find that a defendant is mentally ill and, because of the illness, manifestly dangerous to himself or others. 6 himself in a failed suicide attempt.
cited Cited "see" Nelson v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Thomas v. State, 443 So.2d 406 (Fla. 4th DCA 1984).
discussed Cited "see, e.g." Furqan v. State
Fla. Dist. Ct. App. · 2012 · signal: compare · confidence low
Compare Furqan v. State, 56 So.3d 96 (Fla. 2d DCA 2011) (reviewing as petition for writ of certiorari prior proceeding in case number 2D 10-5180 and granting petition based on facial insufficiency of the order continuing involuntary commitment) (Fla. 2d DCA 2011), Woods v. State, 969 So.2d 408 (Fla. 1st DCA 2007) (converting appeal to a petition for writ of certiorari for review of an order continuing involuntary commitment of a defendant adjudicated not guilty by reason of insanity and granting petition based on facial insufficiency of the order), and Thomas v. State, 443 So.2d 406 (Fla. 4th …
Retrieving the full opinion text from the archive…
Larry Donnell THOMAS, Appellant,
v.
STATE of Florida, Appellee.
83-531.
District Court of Appeal of Florida, Fourth District.
Jan 4, 1984.
443 So. 2d 406
Hersey.
Cited by 5 opinions  |  Published

[*407] Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.

HERSEY, Judge.

Larry Donnell Thomas, charged with attempted sexual battery, was adjudged not guilty by reason of insanity on July 28, 1981 and was subsequently committed for observation and treatment. His most recent petition for release filed December 17, 1982 was denied by the trial court, occasioning these appellate proceedings. Although denominated an appeal, review by certiorari appears to be the more procedurally correct vehicle to bring up an order involving the conditional release program codified in Section 916.17, Florida Statutes (1981) and Rule 3.219 of the Florida Rules of Criminal Procedure. We treat appellant's application accordingly and deny the petition for writ of certiorari.

The order complained of provides:

ORDERED AND ADJUDGED that the Defendant's Motion for Conditional Release is hereby denied on the following basis:
1. The Department of Health & Rehabilitative Services has not complied with the statutory requirements regarding the preparation of an adequate plan for release as set forth in F.R.Cr.P. 3.219, F.S. 916.17, and in Thomas Hill v. State, 358 So.2d 190, (1978); in that the plan did not adequately address the following:
a. A supervised living arrangement for Mr. Thomas.
b. A system for monitoring the aftercare and follow-up of Mr. Thomas.
c. A plan in which Mr. Thomas might have an appropriate means of self-support.
2. Relying on the reports of the experts, the Department of Health and Rehabilitative Services, and primarily the evaluation conducted by the TASC Program, this Court finds that Mr. Thomas lacks appropriate insight into his problems, and therefore still presents a danger to himself and to society; and it is therefore further
ORDERED AND ADJUDGED as follows:
1. The Defendant is hereby recommitted to the Department of Health and Rehabilitative Services.
2. The Court hereby retains jurisdiction over this case, and Mr. Thomas shall not be released from the hospital without the prior consent of this Court.
3. The findings of this Court at this hearing are without prejudice, in that the Department of Health and Rehabilitative Services may refile a subsequent Motion for Conditional Release upon their compliance with the items enumerated in this order.

Petitioner contends that it has not been shown that if released he would be likely to injure himself or others and therefore he is entitled to an order of release. Reliance on the likely-to-injure standard analyzed in Hill v. State, 358 So.2d 190 (Fla. 1st DCA 1978) is no longer justified. The test laid down by Section 394.467, Florida Statutes (Supp. 1982) and Section 916.15, Florida Statutes (1981), and now applicable to a person acquitted of criminal charges by a finding of not guilty by reason of insanity, is whether he is "manifestly dangerous to himself or others." The trial court found that Thomas met this criteria and that finding is supported by the evidence.

Noting that either the Department of Health and Rehabilitative Services or petitioner himself are at liberty to propose to the trial court a plan of conditional release meeting the legitimate concerns expressed[*408] in the order, we find no departure from the essential requirements of the law and decline to issue the writ.

CERTIORARI DENIED.

DOWNEY and BERANEK, JJ., concur.