STATE OF FLORIDA, PETITIONER,
v.
VICTOR REED, RESPONDENT
STATE OF FLORIDA, PETITIONER,
VICTOR REED, RESPONDENT
161 So. 3d 397
Florida Supreme Court (2014)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
We initially accepted jurisdiction to review Reed v. State, 159 So.3d 845, 39 Fla. L. Weekly D1672 (Fla. 1st DCA Aug. 7, 2014), a decision in which the First District Court of Appeal certified the following question as one of great public importance:
DOES A TRIAL COURT HAVE JURISDICTION OVER A PETITION FILED UNDER THE JIMMY RYCE ACT AGAINST A PERSON WHO OBTAINS AN ORDER FOR IMMEDIATE RELEASE WHILE IN LAWFUL CUSTODY WHERE THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135, FLORIDA STATUTES, AFTER THE PERSON’S SENTENCE EXPIRED BUT BEFORE HE IS ACTUALLY RELEASED?
*398After further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss review.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barber v. State, 207 So. 3d 910 (Fla. 1st DCA 2016)…e was not in “lawful custody” and that he is therefore entitled to immediate release under Reed v. State, 159 So. 3d 845 (Fla. 1st DCA 2014) (certifying a question of great public importance), rev. granted, 160 So. 3d 898 (Fla.2014), rev. dismissed, 161 So. 3d 397 (Fla.2015). As to this latter point, he asserts that his sentence (for time served) immediately expired at the conclusion of the sentencing hearing, and from that moment onward, his custody was unlawful, precluding the State from initiating a Jimmy…
Authorities Cited
- Reed v. State, 159 So. 3d 845 (Fla. 1st DCA 2014)