Doretta Felton v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 13, 2021
Docket1D20-3417
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-3417
_____________________________
DORETTA FELTON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Gadsden County.
Kenneth L. Hosford, Judge.
October 13, 2021
PER CURIAM.
Ms. Felton appeals the trial court’s order authorizing
involuntary medical treatment. Ms. Felton was found not guilty
by reason of insanity on two charges of child neglect and is a
patient at Florida State Hospital. Ms. Felton has been diagnosed
with schizoaffective disorder and her physician believed increased
dosage of her medication would reduce her symptomatic and
disruptive behavior. The Department of Children and Families
petitioned the trial court pursuant to section 916.107(3) to
authorize nonemergency but essential treatment. After a hearing
where testimony from both Ms. Felton’s physician and Ms. Felton
was heard, the trial court made the necessary findings and ordered
treatment for 90 days.
We have jurisdiction to review final orders of trial courts. Art.
V, § 4(b)(1), Fla. Const. We review orders authorizing treatment
under section 916.107 for competent, substantial evidence.
Dinardo v. State, 742 So. 2d 287, 289 (Fla. 1st DCA 1998). The
testimony of Ms. Felton’s physician meets this standard. The
physician testified that Ms. Felton is mentally ill, that the
treatment is essential to her care, and that the treatment is not
experimental and does not present an unreasonable risk of serious,
hazardous, or irreversible side effects. § 916.107(3)(a)3, Fla. Stat.
(2020). Ms. Felton’s argument that her testimony contradicted her
physician’s is unpersuasive given that it is the prerogative of the
trial judge to resolve credibility disputes.
AFFIRMED.
JAY, M.K. THOMAS, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Jessica J. Yeary, Public Defender; and Jasmine Quintera Russell,
Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General; and Bilal Ahmed Faruqui,
Senior Assistant Attorney General, Tallahassee, for Appellee.
2