TAYLOR v. STATE

No. 1D10-6626.

65 So.3d 531 (2011)

Brian TAYLOR, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied August 1, 2011.


Attorney(s) appearing for the Case

Matt Shirk , Public Defender; Richard Gordon and Michelle Barki , Assistant Public Defenders, Jacksonville, for Petitioner.

Pamela Jo Bondi , Attorney General, and Charlie McCoy , Assistant Attorney General, Tallahassee, for Respondent.


PADOVANO, J.

Brian Taylor seeks a writ of prohibition to prevent further proceedings in the trial court on the state's petition to have him involuntarily committed as a sexually violent predator. We conclude that Mr. Taylor was not in lawful custody at the time the petition was filed and that the circuit court therefore lacks jurisdiction to proceed with the case. Accordingly, we grant the petition.

Mr. Taylor was convicted in 1988 of armed sexual battery...

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