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ROBERT S. HAYES, Appellant, v. STATE OF FLORIDA, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 ROBERT S. HAYES, Appellant, v. STATE OF FLORIDA, Appellee. Nos. 4D08-3327 and 4D09-1633 [March 2, 2011] LEVINE, J. The state filed a petition seeking the involuntary commitment of appellant to the custody of the Department of Children and Families (?DCF?) as a sexually violent predator under the Jimmy Ryce Act. A jury found appellant to be a sexually violent predator, and the trial court committed him to the custody of DCF ?until such time as the Respondent?s mental abnormality or personality disorder has so changed that it is safe for the Respondent to be at large.? Appellant appeals this commitment. Appellant presents three issues in this case: (1) whether the trial court erred in overruling appellant?s objections to the prosecutor?s remarks in opening and closing statements; (2) whether the trial court erred in denying a motion for relief from judgment where the jury inadvertently viewed two exhibits not admitted into evidence; and (3) whether the trial court erred in denying a motion for mistrial when a doctor testified that there was a ?chance? that appellant had already ?killed? a child...continue to full post

Full post as published by Florida Criminal Law Opinions on March 02, 2011 (boomark / email).