TORRANCE ROGERS
v.
THE STATE OF FLORIDA
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A plea agreement suspending civil commitment under the Jimmy Ryce Act that clearly provides commitment shall result from any violation requires no separate finding of willfulness because the agreement's express terms control and standard contract law principles apply.
[1] A plea agreement in a Jimmy Ryce Act civil commitment proceeding is a contract subject to ordinary contract law principles, and where the agreement's express terms clearl…
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Join FLexlaw to unlock all legal intelligence“Jimmy Ryce proceedings are civil in nature”
Court's reasoning that standard contract principles, not criminal procedural requirements like willfulness findings, apply to enforce the plea agreement.
Rogers, a sexually violent predator, entered a negotiated plea agreement that suspended his civil commitment in exchange for compliance with specific …
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Third District Court of Appeal
State of Florida
Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-2047 Lower Tribunal No. F05-12895
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Torrance Rogers,
Appellant,
vs.
The State of Florida,
Appellee. An appeal from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee. Before EMAS, MILLER, and LOBREE, JJ. MILLER, J. In this Jimmy Ryce Act case, appellant, Torrance Rogers, a sexually violent predator, challenges his involuntary civil commitment, imposed pursuant to section 394.910, et seq., Florida Statutes (2022), after he was found in violation of numerous provisions of his negotiated plea agreement. Relying upon a myriad of reported decisions, Rogers contends the commitment order is legally infirm because it is devoid of any express finding his violations were willful.1 The cases are inapplicable because they all involve either probation violations based upon nonpayment of financial obligations or so-called Quarterman agreements wherein the defendant enters into a negotiated plea agreement but further agrees that if he or she does not appear for sentencing, the trial court is authorized to impose a greater lawful sentence than that specified in the plea agreement. See Quarterman v. State, 527 So. 2d 1380, 1381 (Fla. 1988); see also Johnson v. State, 501 So. 2d 158, 160–61 (Fla. 3d DCA 1987) (“[W]here timely appearance for sentencing is made a condition of a plea agreement, a nonwillful failure to appear will not vitiate the agreement . . . .”); Selig v. State, 112 So. 3d 746, 751 (Fla. 2d DCA 2013) (holding defendant’s failure to comply with probation conditions must be willful and not due to
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Citator
Authorities Cited
- Garcia v. State, 722 So. 2d 905 (Fla. 3d DCA 1998)
- Johnson v. State, 501 So. 2d 158 (Fla. 3d DCA 1987)
- State Farm Fire & Cas. Ins. Co. v. Deni Assocs. OF Fla., Inc., 678 So. 2d 397 (Fla. 4th DCA 1996)
- S. Bell Tel. & Tel. Co. v. Hanft, 436 So. 2d 40 (Fla. 1983)
- Selig v. State, 112 So. 3d 746 (Fla. 2d DCA 2013)
- Quarterman v. State, 527 So. 2d 1380 (Fla. 1988)
- Armstrong v. State, 985 So. 2d 1156 (Fla. 3d DCA 2008)
- Faison v. State, 358 So. 3d 1274 (Fla. 1st DCA 2023)