Florida Criminal Lawyer Blog

For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure place for long-term control, care, and treatment. The Ryce Act does not require an additional, separate finding that the offender has serious difficulty controlling behavior, as a finding that the offender lacked the ability to control behavior was implicit in the statutory definitions of “sexually violent predator,” “sexually violent offense,” “mental abnormality,” and “likely to engage in acts of sexual violence” contained in the Ryce Act and reflected in the instructions to the jury.
The Jimmy Ryce Act applies to otherwise qualified defendants who are or were in lawful custody on or after January 1, 1999, the effective date of the Act, and the Act does not apply to people who are not in this category. Probation is not “custody” within the meaning of the Act. A defendant held in county jail on a violation of probation or community control charge before supervision is revoked is in lawful custody for purposes of the Act because such custody is authorized by section 948.06(1) and Fla. R. Crim. P. 3.790(b).

Attempted first-degree felony murder & Lesser included offenses

BLEKLEY COICOU, Petitioner/Cross-Respondent, vs. STATE OF FLORIDA, Respondent/Cross-Petitioner.
(QUINCE, C.J.) This case is before the Court for review of the decision of the Third District Court of Appeal in Coicou v. State, 867 So. 2d 409 (Fla. 3d DCA 2003). In its decision the district court certified a question to this Court to be of great public importance. We have revised the question as follows:
MAY AN APPELLATE COURT DIRECT THE ENTRY OF A CONVICTION FOR ATTEMPTED SECOND-DEGREE MURDER WHERE THE JURY'S VERDICT DOES NOT REFLECT A FINDING THAT THE DEFENDANT ACTED WITH A DEPRAVED MIND?
Coicou v. State, No. 3D03-271 (Fla. 3d DCA Mar. 10, 2004) (on motion to certify question of great public importance). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we answer the certified question in the negative. Because the jury did not determine that the defendant acted with a depraved mind, a required element of attempted second-degree murder, we quash the decision under review and remand the case for proceedings consistent with this opinion.

Continue reading " Attempted first-degree felony murder & Lesser included offenses: Criminal opinion just released " »