Judge Mark A. Wolfe said prosecutors and the boy's attorney, Marcelino Huerta III, agree that at this point the case against the boy cannot move forward, either because of the boy's youth or possible mental illness.

Wolfe did not dismiss the case, however. He scheduled a status conference on Oct. 12 to determine how to proceed.

The boy, who is not being identified because of his age, is apparently the youngest person in Hillsborough County to be charged with felony aggravated manslaughter. He is accused of fatally beating infant Jayza Simms in May while accompanying his father on a visit to Jayza's family. He lives with his mother and uncle in Lakeland.

State statutes allow the court to have jurisdiction over the case for two years to determine if a child deemed incompetent because of his youth can mature enough to be prosecuted. If after two years the child is still found to be incompetent, the charges are dismissed.

In this case, two court-appointed doctors have examined the boy. Huerta said they may provide insight into training or counseling available to evaluate the child further and determine the court's next steps.