LARRY GORDON
v.
STATE OF FLORIDA
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PER CURIAM. Larry Gordon appeals the trial court's order finding no probable cause at the limited hearing under section 394.918(3), Florida Statutes (2019), during which he
- 2 - argued that his mental condition had changed such that his status as a sexually violent predator (SVP) should be rescinded, causing him to be eligible for release from involuntary civil commitment. Mr. Gordon presented to the trial court two recent progress reports, the live testimony of Dr. Dean Cauley, and the expert report of Mr. Chris Robison, all of which supported Mr. Gordon's request for release from involuntary commitment. Because probable cause is supported by the record below, we reverse and remand with instructions for the trial court to conduct a trial as set forth in section 394.918(4). See In re Commitment of Higdon, 45 Fla.
L. Weekly D1944, D1945-46 (Fla. 2d DCA Aug. 14, 2020) (holding that evidence presented at limited hearing pursuant to section 394.917(3) was sufficient to cause a person of ordinary prudence and action to believe that defendant's mental condition had changed); In re Commitment of Drake, 295 So. 3d 1269, 1272 (Fla. 2d DCA 2020) (holding that defendant was entitled to a trial under section 394.917(4) having established probable cause at the limited hearing under section 394.917(3)). Because we find this issue dispositive, we decline to comment on the remaining issues.
Reversed and remanded. VILLANTI, SLEET, and SMITH, JJ., Concur.
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Citator
Cited By
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Drake v. State, 295 So. 3d 1269 (Fla. 2d DCA 2021)…ly appealed the 2017 and 2018 orders in which the trial court also found no probable cause and denied him a trial, and this court reversed the trial court and remanded for a trial on the legality of Drake's continued commitment. See Drake v. State, 295 So. 3d 1269 (Fla. 2d DCA 2020). In that opinion, this court concluded as follows: Drake's evidence regarding his deteriorating physical condition and advancing age met [the probable cause] threshold. . . . [I]n order to continue to detain Drake, the State must…
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Gordon v. State (Fla. 2d DCA 2021)…DCA 2020). "Probable cause is established when sufficient evidence is presented to cause a person of ordinary prudence and action to conscientiously entertain a reasonable belief that the committed person's condition has changed." Drake v. State, 295 So. 3d 1269, 1272 (Fla. 2d DCA 2020). At the limited hearing, Mr. Gordon only had to show that there was probable cause to believe that his condition had changed so that it was safe to discharge him and that he will not engage in sexual violence if discharged.…
Authorities Cited
- Higdon v. Sec'y, Dep't of Child. & Families, 45 Fla. L. Weekly D1944 (Fla. 2d DCA 2021)
- Drake v. State, 295 So. 3d 1269 (Fla. 2d DCA 2021)