MITCHELL v. STATE

No. SC03-1210.

911 So.2d 1211 (2005)

Frank MITCHELL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

September 8, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Robert S. Friedman, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert R. Wheeler, Bureau Chief Criminal Appeals, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, FL, for Respondent.


ANSTEAD, J.

We have for review a decision of a district court of appeal on the following question, which the court certified to be of great public importance:

WHETHER THE STATE IS ENTITLED TO THE BENEFIT OF THE AUTOMATIC STAY PROVISION OF RULE 9.310(b)(2) ON APPEAL IN A CIVIL COMMITMENT PROCEEDING BROUGHT PURSUANT TO PART V OF CHAPTER 394, FLORIDA STATUTES, WHEN THE TRIAL COURT HAS DISMISSED THE PETITION SEEKING COMMITMENT.

State v. Mitchell,...

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