Public-domain · open source
OpenJurist

88 So. 3d 1034

Brown v. State

District Court of Appeal of Florida · decided 2012-05-25

Relies on 831 So. 2d 93 - Westerheide v. State · State v. Wilford

Decided 2012-05-25

PER CURIAM.

¶1Thomas Brown appeals from a jury verdict finding him a sexually violent predator pursuant to the Jimmy Ryce Act1 and involuntarily committing him. He specifically challenges the trial court’s finding of competency and the constitutionality of the Jimmy Ryce Act.

¶2The trial court heard divergent expert opinions concerning Brown’s competency to proceed to trial and made a determination that the State’s expert was more credible. On appeal, it is not the function of this Court to substitute our judgment for that of the trial court. State v. Wilford, 720 So.2d 617, 618-19 (Fla. 5th DCA 1998). Additionally, we reject Brown’s challenge *1035to the Jimmy Ryce Act. See Westerheide v. State, 831 So.2d 93 (Fla.2002).

¶3AFFIRMED.

SAWAYA, COHEN and JACOBUS, JJ., concur.

¶4. § 394.910, et seq., Fla. Stat. (2008).

/88/so3d/1034 · .json · Public domain