SMITH v. KEARNEY

No. 4D00-4058.

802 So.2d 387 (2001)

Alphonso Prosperity SMITH, Appellant, v. Kathleen KEARNEY, Secretary, Department of Children and Families, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 8, 2002.


Attorney(s) appearing for the Case

Nancy A. Daniels Public Defender and Robert Friedman Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Alphonso Prosperity Smith, appeals the denial of his petition for writ of habeas corpus which challenged his continued confinement under the "Jimmy Ryce Act" ("the Act"). See §§ 394.910-.931, Fla. Stat. (1999). We affirm, writing to address what we perceive as a troubling dilemma concerning Smith's detention.

According to the record, an order determining probable cause and detaining Smith, pursuant to the Act, was entered...

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