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IN RE COMMITMENT OF ORTEGA

No. 2D03-3392.

891 So.2d 623 (2005)

In re COMMITMENT OF Jose A. ORTEGA. State of Florida, Appellant, v. Jose A. Ortega, a/k/a Jose Angel, Jose Angel Cantano, Angel Ortega Cantano, and Jose Angel Ortega, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Stephen B. Fisher, Assistant Public Defender, Bartow, for Appellee.

NORTHCUTT, Judge.

The State filed a nonfinal appeal of the circuit court's order releasing Jose Ortega from pretrial detention under sections 916.31-.49, Florida Statutes (Supp.1998),1 popularly known as the Jimmy Ryce Act. We treat this appeal as a petition for a writ of common law certiorari, see Krischer v. Ford, 847 So.2d 1050, 1051 (Fla. 4th DCA 2003), and grant the petition.

In January...

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