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IN RE COMMITMENT OF HEATH

No. 2D04-2672.

895 So.2d 1258 (2005)

In re COMMITMENT OF James T. HEATH. State of Florida, Petitioner, v. James T. Heath, Respondent.

District Court of Appeal of Florida, Second District.

March 9, 2005.

Attorney(s) appearing for the Case

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

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

CASANUEVA, Judge.

The State of Florida has petitioned for certiorari review1 of the circuit court's order releasing James Heath to sexual offender probation rather than confining him pursuant to what is commonly known as the Jimmy Ryce Act.2 With apparent reservations, the circuit court released Mr. Heath based upon what it considered controlling precedent, the Fourth District's decision in Johnson v. Department...

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