Clarence Lawton v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: March 6, 2024
• Docket: 2022-1497
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 6, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1497 Lower Tribunal No. F01-28383 ________________

Clarence Lawton, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.

Before SCALES, MILLER, and BOKOR, JJ.

SCALES, J. Appellant Clarence Lawton appeals a July 29, 2022 trial court order

finding no probable cause to conduct a trial on whether to release him from

civil commitment. Lawton was determined to be a sexually violent predator

under the Jimmy Ryce Act, section 394.910 et seq. of the Florida Statutes.1

He has been subject to civil commitment at a treatment facility since his

release from prison in 2010. On January 6, 2022, Lawton filed a “Petition for

Release” pursuant to section 394.918, alleging that there is probable cause

to believe that Lawton’s “condition has so changed that his release will pose

no danger to the community, and he will not engage in acts of sexual violence

if released.”

The trial court held a two-day evidentiary hearing on Lawton’s petition

at which the trial court received testimonial and documentary evidence from

two medical professionals, as well as several treatment progress reports

from the facility at which Lawton is housed. After weighing the evidence

presented, and after assessing the credibility, methodology and factual

bases for the testimonial evidence, the trial court entered a detailed, six-page

1 In 1999, Lawton was charged with lewd assault, pled guilty, and was sentenced to 364 days in jail followed by six years of probation. In 2001, Lawton was charged with attempted sexual battery, pled guilty, and was sentenced to ten years in prison.

2 order determining that Lawton had failed to meet his burden to establish the

requisite probable cause.

On appeal, Lawton essentially asks this Court to reweigh the evidence

and come to a different conclusion from that of the trial court. Our standard

of review, however, is to determine whether the trial court’s conclusion is

supported by competent, substantial evidence. Abaunza v. State, 278 So. 3d

207, 210 (Fla. 1st DCA 2019). Indeed, in conducting this review, we look only

at the evidence supporting the trial court’s findings. Id. at 210-11. We

conclude that the trial court’s findings are supported by competent,

substantial evidence in the record – to wit, the facility’s reports and a 2021

risk assessment report – and affirm the challenged order.

Affirmed.