MICHAEL H. MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm Michael H. Miller’s conviction of sexual battery on a child under the age of twelve. We also affirm the trial court’s order declaring Miller to be a sexual predator. See Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), review granted, No. 03-1321, 859 So. 2d 514, 2003 WL 22884299 (Nov. 19, 2003); see also Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003). In doing so, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003) (holding Florida Sexual Predator’s Act, section 775.21, Florida Statutes (2000), to be unconstitutional as violating procedural due process).
AFFIRMED.
SAWAYA, C.J., PLEUS and ORFINGER, JJ., concur.
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State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)…. 2d 1036 (Fla. 5th DCA 2005), rev. den., 917 So. 2d 193 (Fla.2005); Linderman v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Johnson v. State, 875 So. 2d 1281 (Fla. 5th DCA 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004); Garcia v. State, 909 So. 2d 971, 972 (Fla. 3d DCA 2005); Smith v. State, 871 So. 2d 296, 297 (Fla. 1st DCA 2004); Doe v. Moore, 410 F. 3d 1337 (11th Cir.2005). Subido’s counsel filed a brief pursuant to Anders v. California, 38…
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Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004)…PER CURIAM. We affirm. See Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004). As we did in Miller, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003). AFFIRMED; CONFLICT CERTIFIED. SHARP, W„ MONACO and TORPY, JJ., concur.…
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Hannah v. State, 869 So. 2d 692 (Fla. 5th DCA 2004)…ose counts. Mr. Hannah also attacks his sexual predator designation on due process grounds. We have addressed this issue in two earlier cases and have rejected the argument. See Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004). As we did in Martin and Miller, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003). AFFIRMED in part, REVERSED in part, and REMANDED. PETERSON and THOMPSON, JJ, concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003)
- Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003)