CRAIG WILLIAMS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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The court held that the petitioner waived his right to a speedy trial and that the Jimmy Ryce Act is a civil commitment process to which speedy trial rules do not apply.
Craig Williams sought release from custody, claiming he was not brought to trial within 30 days of a probable cause finding under the Jimmy Ryce Act. …
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PER CURIAM.
Craig Williams seeks to be released from custody because he was not brought to trial within 30 days of the trial court’s finding of probable cause that he is a sexually violent predator, pursuant to section 394.916, Florida Statutes (2003)[Jim-my Ryce Act], The record clearly shows, however, that Williams waived his entitlement to be brought to trial within the 30-day period. See Exhibit A, State’s motion to supplement record. Williams explicitly waived the 30-day trial requirement and stated that he was going to work with the public defender on his defense.
Additionally, Williams asserts in his petition for habeas corpus that he has not been brought to trial although his speedy trial time has expired. As the State points out, Williams’ case is brought under the Jimmy Ryce Act, which is a civil commitment process, and is not criminal in nature. As such, the rules of criminal procedure do not apply1, and speedy trial rules are inapplicable.
The petition for habeas corpus is denied.
. Section 394.9155(1) provides for the Florida Rules of Civil Procedure and the Florida Rules of Evidence to apply (with exceptions inapplicable here).
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Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012)…98, 200 (Fla. 5th DCA 2006) (concluding that the thirty-day deadline may be waived and that "section 394.916(2) of the Act provides for waiver of the deadline upon the trial court’s granting of a well-founded motion to continue”); Williams v. State, 870 So. 2d 922, 923 (Fla. 3d DCA 2004) (rejecting respondent’s argument that he should be released from custody because he was not brought to trial within thirty days of the trial court's probable-cause finding because respondent explicitly waived the thirty-day t…
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Kolin v. State, 927 So. 2d 198 (Fla. 5th DCA 2006)…claim. The thirty-day deadline is not jurisdictional, Osborne v. State, 907 [*200] So. 2d 505 (Fla.2005), and may be waived. Williams v. State, 909 So. 2d 939 (Fla. 5th DCA 2005); Curry v. State, 880 So. 2d 751 (Fla. 2d DCA 2004); Williams v. State; 870 So. 2d 922 (Fla. 3d DCA 2004); State v. Kobel, 757 So. 2d 556 (Fla. 4th DCA 2000). Further, section 394.916(2) of the Act provides for waiver of the deadline upon the trial court’s granting of a well-founded motion to continue. Additionally, the “Florida Rules…
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Rayvon L. Boatman v. State, 39 So. 3d 391 (Fla. 1st DCA 2010)…habeas corpus if the motion is denied. See Murray v. Regier, 872 So. 2d 217, 221-22 (Fla.2002) (recognizing that a habeas corpus petition is a proper means to challenge the legality of pretrial detention under the Jimmy Ryce Act); Williams v. State, 870 So. 2d 922 (Fla. 3d DCA 2004) (considering the merits of a petition for writ of habeas corpus which sought immediate release because petitioner was not brought to trial within thirty days of the trial court’s finding of probable cause under the Jimmy Ryce Act)…