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IN RE FREDERICK
District Court of Appeal of Florida, Fourth District.
Jun 10, 1987
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.
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