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STATE v. REED, 161 So.3d 397 (2015)

Court: Supreme Court of Florida Number: inflco20150409151 Visitors: 26
Filed: Apr. 09, 2015
Latest Update: Apr. 09, 2015
Summary: PER CURIAM . We initially accepted jurisdiction to review Reed v. State, 159 So.3d 845 , 39 Fla. L. Weekly D1672 (Fla. 1st DCA Aug. 7, 2014), a decision in which the First District Court of Appeal certified the following question as one of great public importance: DOES A TRIAL COURT HAVE JURISDICTION OVER A PETITION FILED UNDER THE JIMMY RYCE ACT AGAINST A PERSON WHO OBTAINS AN ORDER FOR IMMEDIATE RELEASE WHILE IN LAWFUL CUSTODY WHERE THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.
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We initially accepted jurisdiction to review Reed v. State, 159 So.3d 845, 39 Fla. L. Weekly D1672 (Fla. 1st DCA Aug. 7, 2014), a decision in which the First District Court of Appeal certified the following question as one of great public importance:

DOES A TRIAL COURT HAVE JURISDICTION OVER A PETITION FILED UNDER THE JIMMY RYCE ACT AGAINST A PERSON WHO OBTAINS AN ORDER FOR IMMEDIATE RELEASE WHILE IN LAWFUL CUSTODY WHERE THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135, FLORIDA STATUTES, AFTER THE PERSON'S SENTENCE EXPIRED BUT BEFORE HE IS ACTUALLY RELEASED?

After further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we hereby dismiss review.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

Source:  Leagle

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