HEPBURN v. STATE

No. 3D12-2815.

146 So.3d 1269 (2014)

Craig HEPBURN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 17, 2014.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Marti Rothenberg , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Shayne R. Burnham , Assistant Attorney General, for appellee.

Before WELLS, EMAS and FERNANDEZ, JJ.


WELLS, Judge.

Craig Hepburn appeals from a final judgment of civil commitment as a sexually violent predator pursuant to the Jimmy Ryce Act. See §§ 394.910-394.932, Fla. Stat. (2012). While we agree that the State's attempt to illustrate the meaning of the term "menace" by making an analogy to an escaped zoo lion was improper, we affirm first because the error was not properly preserved for review and did not rise to the level of fundamental error...

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