STATE v. HARRIS

Nos. SC02-2172, SC02-2440.

881 So.2d 1079 (2004)

STATE of Florida, Petitioner, v. Morris HARRIS, Respondent. State of Florida, Petitioner, v. Donald Gentes, Respondent.

Supreme Court of Florida.

Rehearing Denied August 30, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, FL; and Richard L. Polin, Senior Assistant Attorney General, Miami, FL, for Petitioner.

Nancy A. Daniels, Public Defender, and Robert S. Friedman, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondents.


CANTERO, J.

In these consolidated cases we consider whether the State breaches a plea agreement under which a defendant is sentenced to a term of imprisonment followed by probation, with no mention of civil commitment, when the State later initiates civil commitment proceedings under the Jimmy Ryce Act. The First District Court of Appeal held that it did, but certified the following questions of great public importance:

MAY THE STATE INITIATE DISCRETIONARY...

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