BERNARDO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s order denying appellant’s motion to enforce a plea agreement, without prejudice to raising this issue in the civil commitment proceedings under sections 394.910-.931, Florida Statutes (1999) (the Jimmy Ryce Act). See Murray v. Kearney, 770 So. 2d 273 (Fla. 4th DCA 2000); Pearman v. State, 764 So. 2d 739 (Fla. 4th DCA 2000).
POLEN, C.J., STONE, J., and DAVIDSON, LISA, Associate Judge, concur.
POLEN, C.J.
We hereby grant appellee’s motion for rehearing as a result of the recent Florida Supreme Court opinion, Murray v. Regier, 27 Fla. L. Weekly S1008, — So. 2d -, 2002 WL 31728885 (Fla. Dec. 5, 2002).
Bernardo Garcia brought this appeal contesting the state’s ability to file a petition to commit him under the Jimmy Ryce Act, section 394.910-931, Florida Statutes (1999), in light of a previous plea agreement entered between Garcia and the State. The trial court denied Garcia’s motion to specifically enforce the plea and this court has repeatedly affirmed that decision.
In our previous opinion we noted that we affirmed the decision of the trial court without prejudice which would allow Garcia to raise this claim at the final commitment proceeding. See Garcia v. State, 28 Fla. L. Weekly D194 (Fla. 4th DCA Jan.8, 2003). However, since the issuance of our opinion, the Florida Supreme Court has issued an opinion in Murray v. Regier, 27 Fla. L. Weekly S1008 (Dec. 5, 2002). In Murray, the supreme court noted that “any bargain that a defendant may strike in a plea agreement in a criminal case would have no bearing on a subsequent involuntary civil commitment for control, care, and treatment.” Id. As a result, we now affirm the decision of the trial court and recognize that based on Murray, Garcia’s claim that the state breached his plea agreement by filing the Jimmy Ryce petition is without merit.
STONE, J., and DAVIDSON, LISA, Associate Judge, concur.
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State v. Harris, 881 So. 2d 1079 (Fla. 2004)…State, 842 So. 2d 314, 315 (Fla. 5th DCA 2003); Sandillo v. State, 842 So. 2d 1018, 1019 (Fla. 5th DCA 2003); Satz v. Runion, 838 So. 2d 689, 689-90 (Fla. 4th DCA 2003); Krischer v. Faris, 838 So. 2d 600, 602-03 (Fla. 4th DCA 2003); Garcia v. State, 847 So. 2d 980, 980 (Fla. 4th DCA 2003).3 No court has distinguished Murray. In fact, by applying Murray instead of Harris, the First District in McFarland implicitly acknowledged that Murray has disapproved Harris. See 28 Fla. L. Weekly at D2298, — So. 2d at-. We…
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State v. Heath, 865 So. 2d 633 (Fla. 2d DCA 2004)…bargain that a defendant may strike in a plea agreement in a criminal case would have no bearing on a subsequent involuntary civil commitment for control, care, and treatment.” See State v. Klein, 851 So. 2d 274 (Fla. 5th DCA 2003); Garcia v. State, 847 So. 2d 980 (Fla. 4th DCA 2002). Consequently, Heath’s plea agreement in his criminal case did not foreclose the subsequent involuntary civil commitment, and the circuit court erred in dismissing the State’s petition. Accordingly, we reverse the order granting…
Authorities Cited
- Murray v. Regier, 872 So. 2d 217 (Fla. 2002)
- State v. Colon, 770 So. 2d 273 (Fla. 4th DCA 2000)
- Holloman v. Wheeler, 764 So. 2d 739 (Fla. 5th DCA 2000)
- Pearman v. State, 764 So. 2d 739 (Fla. 4th DCA 2000)