Hepburn v. State

District Court of Appeal of Florida

Hepburn v. State

146 So. 3d 1269, 2014 Fla. App. LEXIS 14382, 2014 WL 4628510

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 2014

DocketNo. 3D12-2815

StatusPublished

This text of 146 So. 3d 1269 (Hepburn v. State) 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.

Bluebook

Hepburn v. State, 146 So. 3d 1269, 2014 Fla. App. LEXIS 14382, 2014 WL 4628510 (Fla. Ct. App. 2014).

Pincite

Opinion

WELLS, Judge.

Craig Hepburn appeals from a final judgment of civil commitment as a sexually violent predator pursuant to the Jimmy Ryce Act. See §§ 394.910-394.932, Fla. Stat. (2012). While we agree that the State’s attempt to illustrate the meaning of the term “menace” by making an analogy to an escaped zoo lion was improper, we affirm first because the error was not properly preserved for review and did not rise to the level of fundamental error and second because on the record before us the error was harmless.¹

Affirmed.

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WELLS, Judge.

Craig Hepburn appeals from a final judgment of civil commitment as a sexually violent predator pursuant to the Jimmy Ryce Act. See §§ 394.910-394.932, Fla. Stat. (2012). While we agree that the State’s attempt to illustrate the meaning of the term “menace” by making an analogy to an escaped zoo lion was improper, we affirm first because the error was not properly preserved for review and did not rise to the level of fundamental error and second because on the record before us the error was harmless.¹

Affirmed.

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Bluebook (online)

146 So. 3d 1269, 2014 Fla. App. LEXIS 14382, 2014 WL 4628510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepburn-v-state-fladistctapp-2014.