Opinion
Case No. 2D19-2291
03-24-2021
IN RE COMMITMENT OF Larry GORDON. Larry Gordon, Appellant, v. State of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Larry Gordon appeals the trial court's order finding no probable cause at the limited hearing under section 394.918(3), Florida Statutes (2019), during which he argued that his mental condition had changed such that his status as a sexually violent predator (SVP) should be rescinded, causing him to be eligible for release from involuntary civil commitment. Mr. Gordon presented to the trial court two recent progress reports, the live testimony of Dr. Dean Cauley, and the expert report of Mr. Chris Robison, all of which supported Mr. Gordon's request for release from involuntary commitment. Because probable cause is supported by the record below, we reverse and remand with instructions for the trial court to conduct a trial as set forth in section 394.918(4). See In re Commitment of Higdon, 310 So.3d 1026, 1027-28 (Fla. 2d DCA Aug. 14, 2020) (holding that evidence presented at limited hearing pursuant to section 394.917(3) was sufficient to cause a person of ordinary prudence and action to believe that defendant's mental condition had changed); In re Commitment of Drake, 295 So. 3d 1269, 1272 (Fla. 2d DCA 2020) (holding that defendant was entitled to a trial under section 394.917(4) having established probable cause at the limited hearing under section 394.917(3)). Because we find this issue dispositive, we decline to comment on the remaining issues.
Reversed and remanded.
VILLANTI, SLEET, and SMITH, JJ., Concur.