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STATE v. WAGNER

No. 5D02-1211.

825 So.2d 453 (2002)

STATE of Florida, Petitioner, v. Alfred J. WAGNER, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 13, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Petitioner.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Respondent.

ON MOTION TO DISMISS

ORFINGER, R.B., J.

The State seeks certiorari review of an order releasing Alfred Wagner from custody pending a final hearing on the State's petition to involuntarily commit him as a sexually violent predator pursuant to the Jimmy Ryce Act, sections 394.910-931, Florida Statutes (2001). Wagner seeks dismissal of the certiorari petition, claiming it is untimely. We grant the motion to...

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