Charles Mccoy and United Services Automobile Association v. Andrew Frazier Rudd

This is a petition to review Vasquez v. State, 474 So.2d 394 (Fla. 3d DCA 1985), in which the district court held that petitioner, Robert Vasquez, could not appeal a trial court order denying his motion to dismiss charges on grounds that five years had passed since he was first adjudicated incompetent to stand trial. The district court certified its decision to be in direct conflict with Ricciardelli v. State, 453 So.2d 199 (Fla. 4th DCA 1984). We find conflict and have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We find Vasquez is entitled to review by a petition for common law certiorari; on this cases record, however, we conclude that he was not denied the essential requirements of law and, consequently, approve the result of the district court decision.