Washington v. State

The issue is whether, where adjudication was withheld under a plea agreement, a defendant who pleaded no contest to lewd and lascivious conduct in 1992, and was thereupon sentenced to 10 years probation, is deemed to have been “convicted of a sexually violent offense” within the meaning of section 394.912(2), Florida Statutes (2007), under the Jimmy Ryce Act (JRA).1 For the following reasons, we conclude he was not convicted of the offense and reverse his indefinite commitment under JRA as a sexually violent predator.

JRA provides for involuntary civil commitment of sexually violent predators.…