Washington v. State

(specially concurring).

I agree that defendant-appellant Washington is not entitled to immediate release. However, my reasoning differs from that of the majority.

I

The defendant has appealed an order denying his motion to dismiss the State’s petition for civil commitment under the Jimmy Ryce Act, §§ 394.910-.931, Fla. Stat. (2000); see ch. 98-64, § 1, Laws of Fla., and his motion for immediate release from custody. Although no one has raised the point, neither of these orders is appeal-able.

To the extent that the defendant claims entitlement to Immediate release from custody, this proceeding is…