Brian Gelish v. The State of Florida
This text of Brian Gelish v. The State of Florida (Brian Gelish v. The State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing. ________________
No. 3D23-0206 Lower Tribunal No. 09-134-K ________________
Brian Gelish, 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 Shannon Hemmendinger, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before EMAS, SCALES and GORDO, 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).
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Brian Gelish v. The State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-gelish-v-the-state-of-florida-fladistctapp-2024.