
    STATE of Florida, Appellant, v. Michel NOEL, Appellee.
    Case No. 5D16-4393
    District Court of Appeal of Florida, Fifth District.
    Opinion filed October 27, 2017
    Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.
    James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.
   PER CURIAM.

We reverse the order dismissing the information based upon the ostensible, permanent incompetency of the defendant because the order was premature. Fla. R. Crim. P. 3.213(a)(1); State v. Carey, 212 So.3d 448 (Fla. 3d DGA 2017) (dismissal premature until lapse of five years after determination of incompetency).- We reject Appellee’s contention that dismissal was proper pursuant to Florida Rule of Criminal Procedure 3.213(a)(2). The record does not support the assertion that Appellee met the statutory definition of “intellectual disability.”

REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ.,' concur.  