5D01-3560 Alverez v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3560

Case Date: 02/10/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

RAMON ALVEREZ, et al., Petitioners, v. STATE OF FLORIDA, Respondents. ______________________________/ Opinion filed February 14, 2003 Petition for Review of Orders from the Circuit Court for Volusia County, Joseph G. Will, Judge, J. David Walsh, Judge, and Edwin P.B. Sanders, Judges. Petition for Review of Orders from the Circuit Court for Putnam County, A.W. Nichols, III, Judge, and William A. Parsons, Judges. Petition for Review of Order from the Circuit Court for St. Johns County, John M. Traynor, Judge. James B. Gibson, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Petitioners. Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Respondent. GRIFFIN, J. We are presented with a petition from twelve individuals who assert, under the authority CASE NO. 5D01-3560

of Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001), their entitlement to immediate release because neither the original petition for commitment under the Jimmy Ryce Act1 nor the supporting documents was sworn.2 The State's response to the petitions raises several issues. Jurisdiction is

questioned,3 Melvin is criticized, and in all cases, the petitions and reports have been amended to add verifications designed to comply with Melvin. When the Melvin decision was initially issued, we were dubious that the generally described due process concerns relied upon by the Melvin court compelled verification of these petitions as a matter of constitutional law. The statutory scheme clearly does not require verification. The petition for commitment filed by the state attorney is mainly designed to recite the criminal history of the inmate and the findings of the multi-disciplinary team of health

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