Wednesday, October 8, 2003
State of Florida v. Alfred J. Wagner

no. 02-2167
Seminole County

On January 23, 2002, the trial judge verbally announced his decision to release Wagner from custody pending his civil commitment trial under the Jimmy Ryce Act. This was noted in the court minutes. However, the judge did not enter a written order to this effect until March 26, 2002. The State filed its petition in the Fifth District Court within the next 30 days, but that Court dismissed it as untimely, based on its conclusion that the 30-day time to appeal commenced on January 23.