State v. Commitment of Strouse

District Court of Appeal of Florida

State v. Commitment of Strouse

888 So. 2d 92, 2004 Fla. App. LEXIS 17759, 2004 WL 2726071

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 2004

DocketNo. 1D04-0327

StatusPublished

This text of 888 So. 2d 92 (State v. Commitment of Strouse) 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

State v. Commitment of Strouse, 888 So. 2d 92, 2004 Fla. App. LEXIS 17759, 2004 WL 2726071 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

The state appeals an order dismissing its petition for civil commitment of Rick L. Strouse, appellee, as a sexually violent predator under the Jimmy Ryce Act, chapter 394, part V, Florida Statutes (2001). In dismissing the petition, the trial court ruled that, because appellee had completed his sentence for the sexually violent offense and had not been serving a sentence for a sexually violent offense at the time the petition was filed, the Jimmy Ryce Act did not authorize proceedings against him. This court has recently addressed the issue raised here in State v. Sawyer, 870 So.2d 957 (Fla. 1st DCA 2004) and State v. Mitchell, 866 So.2d 776 (Fla. 1st DCA 2004). We reverse on the authority of Mitchell and Saivyer. As we did in Mitchell and Sawyer, we certify the following question as one of great public importance:

DOES THE [JIMMY] RYCE ACT REQUIRE THAT THE CURRENT INCARCERATION BE FOR A SEXUALLY VIOLENT OFFENSE?

WOLF, C.J., BENTON AND VAN NORTWICK, JJ., concur.

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PER CURIAM.

The state appeals an order dismissing its petition for civil commitment of Rick L. Strouse, appellee, as a sexually violent predator under the Jimmy Ryce Act, chapter 394, part V, Florida Statutes (2001). In dismissing the petition, the trial court ruled that, because appellee had completed his sentence for the sexually violent offense and had not been serving a sentence for a sexually violent offense at the time the petition was filed, the Jimmy Ryce Act did not authorize proceedings against him. This court has recently addressed the issue raised here in State v. Sawyer, 870 So.2d 957 (Fla. 1st DCA 2004) and State v. Mitchell, 866 So.2d 776 (Fla. 1st DCA 2004). We reverse on the authority of Mitchell and Saivyer. As we did in Mitchell and Sawyer, we certify the following question as one of great public importance:

DOES THE [JIMMY] RYCE ACT REQUIRE THAT THE CURRENT INCARCERATION BE FOR A SEXUALLY VIOLENT OFFENSE?

WOLF, C.J., BENTON AND VAN NORTWICK, JJ., concur.

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Bluebook (online)

888 So. 2d 92, 2004 Fla. App. LEXIS 17759, 2004 WL 2726071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-commitment-of-strouse-fladistctapp-2004.

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