TIMOTHY JAY KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIMOTHY JAY KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 1126
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Timothy Jay Kelly appeals an order of the trial court finding him to be a sexual predator pursuant to section 775.23(2), Florida Statutes (1993). The State concedes that, because Kelly’s offenses occurred ip 1991, the trial court erred in designating him a sexual predator because the statute states that it applies only to offenses occurring on or after October 1, 1993, See, e.g., Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999). Because we find merit to Kelly’s first claim, we do not address the other two issues. We therefore reverse and remand with directions that the trial court strike Kelly’s designation as a sexual predator. JOANOS, MINER and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. State, 909 So. 2d 605 (Fla. 4th DCA 2005)…r 1, 1993. See Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999)(holding that the Florida Sexual Predators Act does not apply to offenses occurring before October 1, 1993, the act’s effective date); § 775.21(4)(a), Fla. Stat. See also Kelly v. State, 745 So. 2d 1126 (Fla. 1st DCA 1999). Appellant is not challenging his conviction or sentence for sexual battery. Neither is he directly challenging any order of the trial court requiring him to register as a sexual predator. Indeed, in his motion filed below, he…
Authorities Cited
- Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999)
- Harrell v. State, 728 So. 2d 284 (Fla. 3d DCA 1999)