JUAN FRANCISCO VEGA
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2022-05-04
No. 21-1765
Goldman
Florida District Court of Appeal, Third District (2022)

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Holding

A trial court may weigh and consider competing expert testimony to determine whether the probable cause threshold is met in the context at issue.


Headnotes

[1] A trial court may weigh and consider competing expert testimony to determine whether the probable cause threshold is met.

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Facts & Procedural History

Juan Francisco Vega appealed a trial court decision involving probable cause determination and constitutional validity of a statute.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) (allowing trial court to weigh and consider competing expert testimony to determine if the probable cause threshold is met); see also Vega v. Dep't of Child. and Fams., 215 So. 3d 193, 194 (Fla. 3d DCA 2017) (“The trial court properly found the statute at issue to be constitutional.”); see also Anderson v. State, 93 So. 3d 1201, 1209 (Fla. 1st DCA 2012) (Padovano, J., concurring) (“It is doubtful that the statute of limitations can be applied at all in a Jimmy Ryce Act proceeding, as there is no point at which the action can be said to have accrued.”).


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