5D07-4368 Mack Richie v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-4368

Case Date: 08/04/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

MACK E. RICHIE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 8, 2008 Appeal from the Circuit Court for Volusia County, C. McFerrin Smith, III, Judge. James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-4368

PER CURIAM. In view of the facts presented to us, we find no abuse of discretion in the trial court's refusal to appoint an expert witness for the appellant. See Lavender v. State, 889 So. 2d 882, 884 (Fla. 5th DCA 2004). Moreover, the issues raised by the appellant were addressed in detail in People v. Hardacre, 90 Cal. App. 4th 1392 (2001). The California civil commitment statute dealing with sexual predators is quite similar to the

statute governing annual reviews in effect in Florida.1 As we agree with the reasoning of the California court in Hardacre, we apply it in the instant case and affirm. AFFIRMED.

GRIFFIN, ORFINGER and MONACO, JJ., concur.

1

Fla. Stat.

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