JOSEPH GLENN, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant, Joseph Glenn, Sr., challenges the constitutionality of section 775.21, Florida Statutes (2000), on both procedural and substantive due process grounds. We conclude that the statute is not violative of due process for the reasons articulated by the First District Court of Appeal in Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), by the Fourth District Court of Appeal in Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003), and by the Second District Court of Appeal in Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). See also Kelly v. State, 795 So. 2d 135 (Fla. 5th DCA 2001), review denied, 851 So. 2d 729 (Fla.2003).
AFFIRMED.
SAWAYA, C.J., GRIFFIN and MONACO, JJ., concur.
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Thaden v. State, 874 So. 2d 1238 (Fla. 1st DCA 2004)…on 775.21, Florida Statutes (2000), violated his right to procedural due process, because it did not require a hearing to determine whether he posed a danger to the public), review ‘pending, No. SC03-2219 (Fla. Dec. 18, 2003). Accord Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004); Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). We certify conflict with Espindola v. State, 855 So. 2d 1281, 1290 (Fla. 3d DCA 2003).…
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Kensler v. State, 890 So. 2d 282 (Fla. 1st DCA 2004)…nconstitutional. In so doing, Thaden followed this court’s prior decision in Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), review granted, No. SC03-2219 (Fla. Dec. 19, 2003), and those of three other appellate districts. See Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004); Reyes v. State; 854 So. 2d 816 (Fla. 4th DCA 2003); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). In addition to the split between the above districts on the constitutional issue, the…
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Hamlin v. State, 864 So. 2d 1262 (Fla. 5th DCA 2004)…PER CURIAM. AFFIRMED. See Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004). SAWAYA, C.J., GRIFFIN and PLEUS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003)
- Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003)
- Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003)
- Kelly v. State, 795 So. 2d 135 (Fla. 5th DCA 2001)