DONALD GENTES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Affirmed. We find the issues raised by appellant regarding the jury instructions, admission of certain evidence, and the sufficiency of evidence are without merit. We also find the trial court did not err in denying appellant’s motion for new trial and reinstating an order of civil commitment as a sexually violent predator based on appellant’s plea agreement. See State v. Harris, 29 Fla. L. Weekly S230, — So. 2d -, 2004 WL 1064790 (Fla. May 13, 2004); Murray v. Regier, 872 So. 2d 217 (Fla.2002). However, we certify as a question of great public importance the same question certified by our sister courts in Freeze v. State, 861 So. 2d 1234 (Fla. 2d DCA 2003), and Gray v. State, 854 So. 2d 287 (Fla. 4th DCA 2003):
MAY AN INDIVIDUAL BE COMMITTED UNDER THE JIMMY RYCE ACT IN THE ABSENCE OF A JURY INSTRUCTION THAT THE STATE MUST PROVE THAT THE INDIVIDUAL HAS SERIOUS DIFFICULTY IN CONTROLLING HIS OR HER DANGEROUS BEHAVIOR?
ERVIN and BOOTH, JJ., SMITH, LARRY G., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dolphus Donaldson v. State, 888 So. 2d 107 (Fla. 3d DCA 2004)…this issue as well. Westerheide, 831 So. 2d at 107; Pearson v. State, 888 So. 2d 110, 2004 WL 2729599 (Fla. 3d DCA Case no. 3D03-1384, opinion filed, November 24, 2004); In re Commitment of Allen, 870 So. 2d 168 (Fla. 2d DCA 2004); Gentes v. State, 878 So. 2d 469 (Fla. 1st DCA 2004); Ingram v. State, 864 So. 2d 1281 (Fla. 5th DCA 2004); Gray v. State, 854 So. 2d 287 (Fla. 4th DCA 2003). As in Pearson, 888 So. 2d at 112, we certify to the Supreme Court the issue framed in Allen, 870 So. 2d at 168: MAY AN IND…
Authorities Cited
- Murray v. Regier, 872 So. 2d 217 (Fla. 2002)
- Gray v. State, 854 So. 2d 287 (Fla. 4th DCA 2003)
- O'Neill v. State, 861 So. 2d 1234 (Fla. 2d DCA 2003)