JESSE JAMES JOHNSON, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
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This special concurrence reluctantly agrees with the majority decision, questioning the legal precedent that allows a court to determine undisputed elements of a crime rather than requiring the jury to find all elements proven beyond a reasonable doubt.
The special concurrence expresses disagreement with the case law that appears to permit a court to deem elements of a crime undisputed, thereby shifting the burden to the defendant to offer evidence to dispute them.
The appellant, Robert L. Battle, Jr., pleaded not guilty to attempted felony murder. The special concurrence notes that the State has the burden to pr…
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PER CURIAM.
We treat the petition for writ of habeas corpus as a petition for writ of certiorari. See Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001). Having reviewed the record of the adversarial hearing, we conclude that the circuit court did not depart from the essential requirements of law when it determined that there is probable cause to believe that petitioner is a sexually violent predator. Accordingly, the petition for writ of certiorari is denied.
PADOVANO, BROWNING and LEWIS, JJ., concur.