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STATE v. DUCHARME

No. 5D03-3433.

892 So.2d 1133 (2004)

STATE of Florida, Appellant, v. Richard DUCHARME, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 8, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellant.

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

SHARP, W., J.

The state appeals from a final order dismissing with prejudice the state's involuntary civil commitment petition, which was filed pursuant to the "Jimmy Ryce Act," sections 349.910-349.931, Florida Statutes (2000). The lower court concluded that because Ducharme was detained in the county jail three days after being sentenced to "time served" prior to the commencement of the civil commitment proceedings, the court lacked jurisdiction to act on the petition...

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