ROBERT ROELING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded because the trial judge's comments on the motion for new trial suggested confusion about whether a probable cause hearing or full trial standard applied, requiring clarification of which standard was actually used at trial.
When a trial court's comments on a motion for new trial suggest uncertainty about whether the correct legal standard was applied, the order must be reversed and remanded for clarification.
[1] A trial court's post-trial comments suggesting confusion about the applicable legal standard warrant reversal and remand for clarification when the record does not clearl…
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Join FLexlaw to unlock all legal intelligenceAfter a non-jury trial under section 394.918(4), the trial court found by clear and convincing evidence that the appellant's mental condition made him…
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After a non-jury trial pursuant to section 394.918(4), Florida Statutes,1 the trial court entered an order finding that “the State has proven by clear and convincing evidence that [Appellantj’s mental condition remains such that it is not safe for [him] to be at large and that, if released, [Appellant] is likely to engage in acts of sexual violence” and, based on this finding, the trial court recommitted Appellant to the custody of the Department of Children and Family Services under the Jimmy Ryce Act. Appellant timely filed a motion *935for new trial arguing, among other things, that the State did not meet its burden of proof. In ruling on the motion, the judge made comments suggesting that he was under the impression that the trial was only a probable cause hearing. The judge did not appear to be under this impression at the trial, however, as reflected in both the order on appeal and the oral ruling in which the judge resolved the conflicts in the evidence and explained why Appellant should be recommitted. Accordingly, because we cannot determine whether the trial court applied the incorrect standard at trial or misspoke when ruling on the motion for new trial, we reverse the order denying the motion for new trial and remand for clarification and, if necessary, reconsideration of the motion in light of this opinion.
REVERSED and REMANDED.
BENTON, C.J, WETHERELL, and RAY, JJ., concur.