Higdon v. State

VILLANTI, Judge.

Moses Higdon appeals from an order finding him to be a sexually violent predator and committing him to the custody of the Department of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the “Jimmy Ryce Act.” We affirm the commitment order. See Westerheide v. State, 831 So.2d 93 (Fla.2002). However, because Higdon argues that the jury was not properly instructed on the issue of volitional control, as required by Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002), we certify the same question certified as one of great public…