SPIVEY v. STATE

No. 5D08-2638.

12 So.3d 880 (2009)

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

District Court of Appeal of Florida, Fifth District.

June 19, 2009.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Richard Spivey was involuntarily committed under the Jimmy Ryce Act in 2006, after his release from prison on a charge of lewd and lascivious exhibition in the presence of a person under age sixteen. In 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor's report concluding that "it is safe for [Spivey] to be at large and that he will not engage in acts of sexual...

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