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IN RE COMMITMENT OF WARREN

No. 2D03-3163.

884 So.2d 252 (2004)

In re COMMITMENT OF Charles WARREN. Charles Warren, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Frank D.L. Winstead, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed. As we did in Lee v. State, 854 So.2d 709 (Fla. 2d DCA 2003), we certify the following question to the Supreme Court of Florida as one of great public importance:

MAY AN INDIVIDUAL BE COMMITTED UNDER THE JIMMY RYCE ACT IN THE ABSENCE OF A JURY INSTRUCTION THAT THE STATE MUST PROVE THAT THE INDIVIDUAL HAS SERIOUS DIFFICULTY IN CONTROLLING HIS OR HER DANGEROUS BEHAVIOR?

ALTENBERND, C.J...

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