STATE OF FLORIDA, APPELLANT,
v.
HENRY SAWYER, APPELLEE
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PER CURIAM.
The trial court dismissed proceedings for civil commitment initiated under the Jimmy Ryce Act on June 6, 2003, on grounds that Henry Sawyer had served his sentence for sexual battery by the time he was released on October 24, 1997. On appeal, the state contends that his re-incarceration on account of his subsequent conviction on three counts of burglary of a conveyance makes him subject to civil commitment — for life, if necessary — even after his new criminal sentence expires if, as the state alleges, he “suffers from a mental abnormality or personality disorder which makes him likely to engage in acts of sexual violence if not confined in a secure facility for long term control, care and treatment.” Bound by State v. Mitchell, 866 So. 2d 776 (Fla. 1st DCA 2004), we reverse and, as in Mitchell, certify this question as one of great public importance: DOES THE [JIMMY] RYCE ACT REQUIRE THAT THE CURRENT INCARCERATION BE FOR A SEXUALLY VIOLENT OFFENSE?
BARFIELD, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. In re The Commitment OF Rick L. Strouse, 888 So. 2d 92 (Fla. 1st DCA 2004)…offense and had not been serving a sentence for a sexually violent offense at the time the petition was filed, the Jimmy Ryce Act did not authorize proceedings against him. This court has recently addressed the issue raised here in State v. Sawyer, 870 So. 2d 957 (Fla. 1st DCA 2004) and State v. Mitchell, 866 So. 2d 776 (Fla. 1st DCA 2004). We reverse on the authority of Mitchell and Saivyer. As we did in Mitchell and Sawyer, we certify the following question as one of great public importance: DOES THE [JI…
Authorities Cited
- State v. Mitchell, 866 So. 2d 776 (Fla. 1st DCA 2004)