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MARSH v. STATE

No. 3D08-2520.

14 So.3d 1214 (2009)

Aaron MARSH, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

June 24, 2009.

Attorney(s) appearing for the Case

Roderick D. Vereen, for petitioner.

Bill McCollum, Attorney General, and Rolando A. Soler and Magaly Rodriguez, Assistant Attorneys General, for respondent.

Before SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Aaron Marsh ("Marsh") petitions this Court for writs of prohibition and habeas corpus and asserts that he was not in lawful custody under the terms of the Jimmy Ryce Act when the State initiated commitment proceedings against him. Because we conclude that Marsh was in lawful custody when the State initiated the commitment process on April 19, 1999, we deny the petitions.

As the Florida Supreme Court stated in Larimore v. State,

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