JAMES THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sexual Predator Designation cases and more on FLexlaw
PER CURIAM.
Defendant appeals an order in which the trial court found him to be a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996). The state moves to dismiss the appeal on the ground that the order is not appealable. The state’s motion to dismiss, which contains no argument, simply states that the order is not appealable under either section 924.06, Florida Statutes (1993) or rule 9.140(b), Florida Rules of Appellate Procedure.
Rule 9.140(b)(1)(C) provides that a defendant may appeal “orders entered after final judgment or finding guilt, including orders revoking or modifying probation or community control, or both.” The order in the present case was entered after defendant was convicted and sentenced. It is therefore appealable as an order entered after a “finding of guilt,” pursuant to rule 9.140(b)(1)(C). The motion to dismiss appeal is denied.
GUNTHER, KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)…ividual a sexual predator if the statutory criteria are established.”).4 Indeed, the granting of the state’s motion to have a defendant declared a sexual predator has been deemed merely “perfunctory” by the [*1285] courts. See e.g., Thomas v. State, 716 So. 2d 789, 790 (Fla. 4th DCA 1998). Once an offender has been designated a “sexual predator,” the registration and public notification requirements of FSPA are automatically triggered. See § 775.21(6), Fla. Stat. An offender must, within forty-eight (48) hou…
-
State v. Robinson, 873 So. 2d 1205 (Fla. 2004)…sed on the offender’s conviction for one of the crimes specified in the Act. § 775.21(4)(c), Fla. Stat. (Supp.1998). The order designating a defendant a sexual predator is thus entered after final judgment or a finding of guilt. See Thomas v. State, 716 So. 2d 789 (Fla. 4th DCA 1997) (holding that an order designating a defendant a sexual predator was “entered after defendant was convicted and sentenced” and “is therefore appealable as an order entered after a ‘finding of guilt,’ pursuant to rule 9.140(b)(1)(…
-
Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)…So. 2d 482, 488 (Fla. 5th DCA 2004) (Sawaya, C.J., concurring specially) (“There are numerous cases where the courts have upheld designation orders rendered long after the defendant was sentenced for the underlying offense.” (citing Thomas v. State, 716 So. 2d 789 (Fla. 4th DCA 1997); Pisarri v. State, 724 So. 2d 635 (Fla. 5th DCA 1998); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), approved, 894 So. 2d 924 (Fla.2005); and Walker v. State, 718 So. 2d 217 (Fla. 4th DCA 1998))). In fact, in this very case…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence