Opinion
Case No. 4D03-2168.
April 28, 2004.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Marc Gold, Judge, L.T. Case No. 94-20185 CF10A.
Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
We affirm based on Krischer v. Faris, 838 So.2d 600 (Fla. 4th DCA), prohibition dismissed, 846 So.2d 1148 (Fla. 2003), but certify as a question of great public importance the question certified in Harris v. State, 27 Florida Law Weekly D946 (Fla. 1st DCA 2002), rev. granted, 854 So.2d 600 (Fla. 2003):
IS A PLEA AGREEMENT FOR PRISON TIME FOLLOWED BY PROBATION VIOLATED WHEN THE STATE LATER INITIATES DISCRETIONARY CIVIL COMMITMENT PROCEEDINGS UNDER THE JIMMY RYCE ACT (PART V OF CHAPTER 394, FLORIDA STATUTES)?
IN THE CIRCUMSTANCES DESCRIBED IN THE FIRST QUESTION, IS THE STATE BARRED BY EQUITABLE ESTOPPEL FROM SEEKING CIVIL COMMITMENT?
WARNER, KLEIN and HAZOURI, JJ., concur.