Parkyn v. State

District Court of Appeal of Florida

Parkyn v. State

870 So. 2d 177, 2004 Fla. App. LEXIS 1572, 2004 WL 256910

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2004

DocketNo. 2D01-1989

StatusPublished

Cited by1 cases

This text of 870 So. 2d 177 (Parkyn 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.

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Parkyn v. State, 870 So. 2d 177, 2004 Fla. App. LEXIS 1572, 2004 WL 256910 (Fla. Ct. App. 2004).

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Opinion

STRINGER, Judge.

Daniel Parkyn appeals an order of commitment as a sexually violent predator pursuant to the statute commonly known as the Jimmy Ryce Act, sections 394.910-.931, Florida Statutes (1999). The majority of the issues raised by Parkyn have been recently addressed and rejected by this court in Cartwright v. State (In re Commitment of Cartwright), 870 So.2d 152, 2004 WL 86180 (Fla. 2d DCA Jan.21, 2004). We affirm all remaining issues without comment.

As we did in Cartwright, we certify the following question to the Florida Supreme Court as one of great public importance.

MAY AN INDIVIDUAL BE COMMITTED UNDER THE JIMMY RYCE ACT IN THE ABSENCE OF A JURY INSTRUCTION THAT THE STATE MUST PROVE THAT THE INDIVIDUAL HAS SERIOUS DIFFICULTY IN CONTROLLING HIS OR HER DANGEROUS BEHAVIOR?

Affirmed; question certified.

COVINGTON and KELLY, JJ., Concur.

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