IN RE COMMITMENT OF JAMES J. STEEN. JAMES J. STEEN, A/K/A JAMES HARRELL STEEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
James Steen appeals an order declaring him a sexually violent predator and committing him to the custody of the Department of Children and Family Services. Mr. Steen’s argument that the jury was required to make a finding regarding his lack of volitional control has been specifically rejected by the Florida Supreme Court. See State v. White, 891 So. 2d 502 (Fla.2004). Further, Dr. Swan’s testimony regarding her interpretation of the definition of the term “likely” in section 394.912(10), Florida Statutes (2004), appears to comply with the Florida Supreme Court’s recent explanation of the statutory term in Hale v. State, 891 So. 2d 517 (Fla.2004). We therefore affirm the order on appeal.
Affirmed.
ALTENBERND, NORTHCUTT, and LaROSE, JJ., concur.
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Grimsley v. State, 967 So. 2d 1132 (Fla. 2d DCA 2007)…not arguing that this “circular” self-defense instruction constituted fundamental error. Because a new appeal would be redundant in this case, we reverse the conviction, vacate the sentence, and direct that Grimsley be retried. See Brewer v. State, 954 So. 2d 110, 111-12 (Fla. 2d DCA 2007). Petition granted. DAVIS and WALLACE, JJ., Concur.…
Authorities Cited
- Hale v. State, 891 So. 2d 517 (Fla. 2004)
- State v. White, 891 So. 2d 502 (Fla. 2004)