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IN RE COMMITMENT OF HIGDON

No. 2D02-531.

884 So.2d 495 (2004)

In re COMMITMENT OF Moses HIGDON. Moses Higdon, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 8, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Celene Humphries, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Amanda Lea Colón, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Moses Higdon appeals from an order finding him to be a sexually violent predator and committing him to the custody of the Department of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the "Jimmy Ryce Act." We affirm the commitment order. See Westerheide v. State, 831 So.2d 93 (Fla.2002). However, because Higdon argues that the jury was not properly instructed on the issue...

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