CARLOS MACIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-05-06
No. 97-1260
POLEN, STEVENSON and SHAHOOD, JJ., concur.
708 So. 2d 1044 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s post-sentencing designation of appellant as a sexual predator finding there to be no violation of the double jeopardy clause. See Kansas v. Hendricks, — U.S. -, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997); see also Fletcher v. State, 699 So. 2d 346 (Fla. 5th DCA 1997). Further, we find that the state presented the necessary statutory predicate in order to designate appellant a sexual predator. POLEN, STEVENSON and SHAHOOD, JJ., concur.


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  • Pisarri v. State, 724 So. 2d 635 (Fla. 5th DCA 1998)
    …ncing and the court’s determination that appellant was a sexual predator would not, in and of itself, make that finding erroneous. See Collie v. State, 710 So. 2d 1000 (Fla. 2d DCA 1998), rev. denied, No. 93,032 (Fla. Aug. 7, 1998); Macias v. State, 708 So. 2d 1044 (Fla. 4th DCA 1998); Fletcher v. State, 699 So. 2d 346 (Fla. 5th DCA 1997), rev. denied, 707 So. 2d 1124 (Fla.1998); AFFIRMED. W. SHARP and HARRIS, JJ., concur.…
  • Sheppard v. State, 907 So. 2d 1259 (Fla. 2d DCA 2005)
    …y for his appeal. Mr. Sheppard’s sole argument on appeal is that his sexual predator designation violates double jeopardy. This argument has been expressly rejected. See Collie v. State, 710 So. 2d 1000 (Fla. 2d DCA 1998); see also Macias v. State, 708 So. 2d 1044 (Fla. 4th DCA 1998). We note that Collie acknowledged that the retrospective application of employment restrictions applicable to sexual predators might form the basis for a double jeopardy challenge because “the employment restrictions appear to be…
  • MacIas v. State, 10 So. 3d 216 (Fla. 4th DCA 2009)
    …ction and sentence, the defendant raised the propriety of his sexual predator designation. This court affirmed and found “that the state presented the necessary statutory predicate in order to designate appellant a sexual predator.” Macias v. State, 708 So. 2d 1044, 1044 (Fla. 4th DCA 1998). Thus, the record clearly establishes that the defendant meets “the criteria for designation as a sexual predator.” Id. We therefore affirm. Affirmed. FARMER, MAY and DAMOORGIAN, JJ., concur. . Saintelien v. State, 937 S…

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