Thaden v. State

Full title: JOHN WESLEY THADEN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 28, 2004

874 So. 2d 1238 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-3341.

Opinion filed May 28, 2004.

An appeal from the Circuit Court for Duval County. Karen K. Cole, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. See Therrien v. State, 859 So.2d 585, 587 (Fla. 1st DCA) (rejecting appellant's argument that section 775.21, Florida Statutes (2000), violated his right to procedural due process, because it did not require a hearing to determine whether he posed a danger to the public), review pending, No. SC03-2219 (Fla. Dec. 18, 2003). Accord Glenn v. State, 861 So.2d 1289 (Fla. 5th DCA 2004); Reyes v. State, 854 So.2d 816 (Fla. 4th DCA 2003); Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla. 2003). We certify conflict with Espindola v. State, 855 So.2d 1281, 1290 (Fla. 3d DCA 2003).

AFFIRMED.

WOLF, C.J., ERVIN and VAN NORTWICK, JJ., concur.