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STATE v. MITCHELL

No. 1D03-1518.

866 So.2d 776 (2004)

STATE of Florida, Appellant, v. Frank MITCHELL, Appellee.

District Court of Appeal of Florida, First District.

March 1, 2004.

Attorney(s) appearing for the Case

Charles A. Crist, Jr., Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellant.

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

PER CURIAM.

The state filed an amended civil complaint against Appellee, seeking to commit him to state custody as a sexually violent predator under the Jimmy Ryce Act. Appellee moved to dismiss the petition on the ground that the Ryce Act did not apply because he had completed his sentence for the sexually violent crime in 1991 and his current incarceration was not for a sexually violent crime. The trial judge issued an order granting Appellee's motion and dismissing...

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