State v. Heath

CASANUEVA, Judge.

The State of Florida has petitioned for certiorari review1 of the circuit court’s order releasing James Heath to sexual offender probation rather than confining him pursuant to what is commonly known as the Jimmy Ryce Act.2 With apparent reservations, the circuit court released Mr. Heath based upon what it considered controlling precedent, the Fourth District’s decision in Johnson v. Department of Children & Family Services, 747 So.2d 402 (Fla. 4th DCA 1999). Johnson, however, is distinguishable from and inapplicable to this case, and the circuit court departed from the…