Thigpen v. State

District Court of Appeal of Florida

Thigpen v. State

765 So. 2d 100, 2000 Fla. App. LEXIS 5776, 2000 WL 628012

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 2000

DocketNo. 1D99-3861

StatusPublished

This text of 765 So. 2d 100 (Thigpen 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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Thigpen v. State, 765 So. 2d 100, 2000 Fla. App. LEXIS 5776, 2000 WL 628012 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Joshua Thigpen appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999). We reverse.

The State failed to prove by clear and convincing evidence that appellant posed a “real and present threat of substantial harm to his ... well-being” or that “[tjhere is a substantial likelihood that in the near future [appellant] will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm.” Sec. 394.467(l)(a)2, Fla. Stat. (1999). Accordingly, for the same reasons expressed in Lyon v. State, 724 So.2d 1241 (Fla. 1st DCA 1999), we REVERSE.

MINER, WEBSTER and LAWRENCE, JJ„ CONCUR.

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PER CURIAM.

Joshua Thigpen appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999). We reverse.

The State failed to prove by clear and convincing evidence that appellant posed a “real and present threat of substantial harm to his ... well-being” or that “[tjhere is a substantial likelihood that in the near future [appellant] will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm.” Sec. 394.467(l)(a)2, Fla. Stat. (1999). Accordingly, for the same reasons expressed in Lyon v. State, 724 So.2d 1241 (Fla. 1st DCA 1999), we REVERSE.

MINER, WEBSTER and LAWRENCE, JJ„ CONCUR.

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765 So. 2d 100, 2000 Fla. App. LEXIS 5776, 2000 WL 628012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thigpen-v-state-fladistctapp-2000.

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