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STATE v. HEAD

No. 1D04-1936.

909 So.2d 529 (2005)

STATE of Florida, Appellant, v. Keith Dwayne HEAD, Appellee.

District Court of Appeal of Florida, First District.

August 29, 2005.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General; and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellant.

George F. Schaefer, San Diego, CA, for Appellee.

BROWNING, J.

This an appeal of the trial court's January 7, 2005, nunc pro tunc, April 16, 2004, order dismissing the State's petition for involuntary commitment of Keith Dwayne Head as a sexually violent predator under the Jimmy Ryce Act. Although the challenged order does not expressly indicate whether the dismissal is with, or without, prejudice, the State concluded "it is apparent that the trial court's intention was that the State would be unable to refile...

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