STATE OF FLORIDA v. IN RE: THE COMMITMENT OF RICK L. STROUSE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE OF FLORIDA, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO.: 1D04-0327 IN RE: THE COMMITMENT OF RICK L. STROUSE, Appellee. ___________________/ Opinion filed November 23, 2004. An appeal from the Circuit Court for Leon County. Nikki Ann Clark, Judge. Charles J. Crist, Jr., Attorney General and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellant. Nancy A. Daniels, Public Defender and Robert S. Friedman, Assistant Public Defender, Tallahassee, for Appellee. 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 Sawyer. 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. 2

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