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STATE v. ROMPRE

No. 5D01-2071.

837 So.2d 453 (2002)

STATE of Florida, Appellant, v. Howard John ROMPRE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 13, 2003.

Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., and Judy Taylor Rush, Assistant Attorneys General, Daytona Beach, for Appellant.

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

GRIFFIN, J.

The State of Florida appeals the dismissal of a petition for involuntary commitment under the Jimmy Ryce Act. §§ 394.910-.931, Fla. Stat. (2000). We vacate the order.

On November 17, 1997, Howard J. Rompre ["Rompre"] pled guilty in case no. 97-313 to attempted sexual battery, a second-degree felony, for an offense committed on January 27, 1997. The plea was to an agreed-upon upward departure sentence, in exchange for which defendant was...

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