ERIC BOYINGTON
v.
THE STATE OF FLORIDA
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The trial court's finding of probable cause under Florida Statute section 394.918(3) that the petitioner's condition had not so changed as to make it safe for release was supported by competent, substantial evidence.
[1] A trial court reviewing a petition for release from involuntary civil commitment as a sexually violent predator under Florida Statute section 394.918(3) may weigh and con…
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Join FLexlaw to unlock all legal intelligenceBoyington appealed a trial court's decision at a limited hearing regarding his condition and fitness for release from involuntary civil commitment as …
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Opinion filed April 10, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0207 Lower Tribunal No. 04-36-M
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Eric Boyington,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee. Before SCALES, GORDO and LOBREE, JJ. PER CURIAM. Affirmed. See § 394.918(3), Fla. Stat. (2023) (“The court shall hold a limited hearing to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.”); Abaunza v. State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019) (holding that the appellate court reviews whether a trial court’s section 394.918(3) probable cause determination is supported by competent, substantial evidence); Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) (holding that, pursuant to section 394.918(3), the trial court may weigh and consider competing evaluations of a petitioner who is seeking release from involuntary civil commitment).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alvaro Ignacio Abaunza v. State, 278 So. 3d 207 (Fla. 1st DCA 2019)
- Barron v. State, 217 So. 3d 1088 (Fla. 3d DCA 2017)