Opinion
No. 1D99-3861
Opinion filed May 17, 2000
An appeal from Circuit Court for Duval County, Peter J. Fryefield, Judge.
Louis O. Frost, Public Defender; Ronald P. Higbee, Assistant Public Defender, Jacksonvillle, for Appellant.
Robert A. Butterworth, Attorney General; Louis F. Hubener, Assistant Attorney General, Tallahassee, for Appellee.
Joshua Thigpen appeals his involuntary commitment pursuant to section 394.467, Florida Statutes (1999). We reverse.
The State failed to prove by clear and convincing evidence that appellant posed a "real and present threat of substantial harm to his . . . well-being" or that "[t]here is a substantial likelihood that in the near future [appellant] will inflict serious bodily harm on himself or herself or another person, as evidenced by recent behavior causing, attempting, or threatening such harm." Sec. 394.467(1)(a)2, Fla. Stat. (1999). Accordingly, for the same reasons expressed in Lyon v. State, 724 So.2d 1241 (Fla. 1st DCA 1999), we REVERSE.
MINER, WEBSTER and LAWRENCE, JJ., CONCUR.