
    Fernando CRUZ, Petitioner, v. STATE of Florida, Respondent.
    No. 5D12-1946.
    District Court of Appeal of Florida, Fifth District.
    Sept. 21, 2012.
    Robert Wesley, Public Defender, and Daniel S. Spencer, Assistant Public Defender, Orlando, for Petitioner.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent.
   PER CURIAM.

The Petition for Writ of Certiorari is denied without prejudice to the Petitioner’s right to refile a motion to dismiss. See Tiburcio v. State, 95 So.3d 1037 (Fla. 5th DCA 2012) (rejecting as premature a claim that charges should be dismissed “because five years have not elapsed since Petitioner was found incompetent”).

PETITION DENIED.

PALMER, LAWSON and EVANDER, JJ., concur.  