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STATE v. BRYANT

No. 3D03-1829.

901 So.2d 381 (2005)

The STATE of Florida, Appellant, v. Cleveland BRYANT, Appellee.

District Court of Appeal of Florida, Third District.

May 11, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellee.

Before COPE, FLETCHER and WELLS, JJ.

COPE, J.

The State appeals a final judgment after a jury verdict finding that respondent Cleveland Bryant was not a sexually violent predator for purposes of the Jimmy Ryce Act. We conclude that there was an error in the jury instructions which requires a new trial.

I.

There is a threshold question whether the Jimmy Ryce Act1 allows a state appeal where there has been a jury determination that a person is not a sexually...

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