Livingston v. State, 241 So. 3d 282 (2018)

April 30, 2018 · District Court of Appeal of Florida, First District · No. 1D17–4125

241 So. 3d 282

Alexandra P. LIVINGSTON, Appellant,
v.
STATE of Florida, Appellee.

No. 1D17-4125

District Court of Appeal of Florida, First District.

April 30, 2018

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jerod M. Rigoni, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Alexandra P. Livingston appeals a commitment order finding that involuntary placement was necessary because, in part, she was incapable of surviving alone due to her mental state. See 394.467(1)(a)2.a., Fla. Stat. (2018). She claims that the evidence was inadequate to establish this element. We agree and therefore reverse and order the trial court "to elicit further testimony to establish the statutory criteria, or otherwise order Appellant discharged." Blue v. State , 764 So.2d 697, 699 (Fla. 1st DCA 2000).

REVERSED and REMANDED.

B.L. Thomas, C.J., and Lewis and Makar, JJ., concur.