LIONARDO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sexual Predator Designation cases and more on FLexlaw
ALTENBERND, Judge.
Lionardo Garcia pleaded guilty to committing a lewd and lascivious act pursuant to section 800.04(2), Florida Statutes (1999). The trial court sentenced Mr. Garcia to five years’ imprisonment. At the plea hearing, the court made no mention of designating Mr. Garcia a sexual predator. After Mr. Garcia was incarcerated, the Department of Corrections sent a letter to the court indicating that Mr. Garcia might be eligible for a sexual predator designation. A hearing was held on October 18, 2001, in which Mr. Garcia was incorrectly designated as a sexual predator. Mr. Garcia appeals the order designating him as a sexual predator. Under section 775.21(4)(c)(l)(c), Florida Statutes (Supp.1998), where the violation of section 800.04(02) is a second-degree felony, in order for the sexual predator designation to apply, the defendant must have a previous conviction with or without an adjudication of certain enumerated offenses. The State admits that Garcia does not have any prior convictions and that it was reversible error to designate him as a 'sexual predator. We reverse and remand to the trial court to remove the sexual predator designation.
Reversed and remanded.
SALCINES and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)…were entered long after the time for a direct appeal had expired. We directly reviewed at least a few of these orders as orders entered after final judgment pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(D). See, e.g., Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002). After the statutes had been in effect for a year or two, most designation orders were being entered at the same time as the sentence. At least in some cases, this court began reviewing such sexual predator designations as part of…
-
Nicholas v. State, 844 So. 2d 826 (Fla. 5th DCA 2003)…Florida Statutes (2001), provides that when the violation of § 800.04 is a second-degree felony, the defendant must have a previous conviction of certain enumerated offenses in order for the sexual predator designation to apply. See Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002). Moreover, if the defendant has a qualifying previous conviction, the defendant must not have been pardoned or the conviction set aside. Nicholas asserts in this appeal, and his sentencing scoresheet appears to support him, that…
-
Meyers v. State, 884 So. 2d 219 (Fla. 2d DCA 2004)…if the offender has previously been convicted of or found to have committed, or pled nolo contendere or guilty to, regardless of adjudication, any of certain statutorily enumerated offenses. § 775.21(4)(a)(1)(b), Fla. Stat. (2001); Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002); Nicholas v. State, 844 So. 2d 826 (Fla. 5th DCA 2003). The State admits that Meyers did not have the required previous offense. Therefore, we reverse the trial court’s order and remand with directions to remove the sexual predato…