Sherman v. State

HARRIS, C.M., Senior Judge.

The issue in this case, as it was in Chukes v. State, 90 So.3d 950 (Fla. 5th DCA 2012), and Spivey v. State, 100 So.3d 1254 (Fla. 5th DCA 2012), is whether appellant, Frank Sherman, has presented sufficient probable cause to believe a trial is appropriate to determine whether it is safe to release him back into society. Appellant was committed under the Sexually Violent Predators Act and has petitioned for a hearing under Florida Statute 394.918 for such a trial. Section 394.918(3) provides for a “limited hearing” to determine whether probable cause exists to…