LAERCY MACEO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erroneously designated the appellant as a sexual predator.
The appellant was convicted of armed kidnapping and sexual battery. The state confessed error regarding the sexual predator designation.…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Laercy Maceo appeals from a trial court order designating him as a sexual predator pursuant to Section 775.21, Florida Statutes (2002). After a careful review of the record, and in accordance with the state’s proper confession of error, we reverse.
Maceo was convicted of the life felony of armed kidnapping, in violation of section 787.01, Florida Statutes (1997). The victim, however, was not a minor and therefore Maceo does not qualify for classification as a sexual predator as provided by section 775.21(4)(a)l.a., Florida Statutes (2002)1 based on a violation of section 787.01, Florida Statutes. The two counts of sexual battery with which Maceo was also charged and convicted were second-degree felonies. The information setting forth these charges specifically tracked the language of section 794.011(5) and defined sexual battery without the use of physical force or force likely to cause serious personal injury, and contained no allegation of use of a weapon. These do not meet the requirements of the sexual predator statute which requires that violations must be capital, life, or first degree felonies to qualify Maceo as a sexual predator. The state also points out that Maceo did not qualify for designation as a sexual predator under section 775.21(4)(a)l.b, Florida Statutes as he had not previously been convicted of, plead nolo or guilty to, or found to have committed any of the enumerated prior offenses which would qualify him for classification as a sexual predator. The trial court has erroneously designated Maceo as a sexual predator and that order must be reversed.
Reversed and remanded for proceedings consistent herewith.
. The Order finding the defendant a sexual predator was rendered November 13, 2002.
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State v. Bouchillon, 882 So. 2d 412 (Fla. 4th DCA 2004)…jurisdiction and ... previously ... convicted of or found to have committed, or ... pled nolo conten-dere or guilty to, regardless of adjudication a violation of’ one of the statutes listed at the end of section 775.21(4)(a)1.b. See Maceo v. State, 870 So. 2d 852, 853 (Fla. 3d DCA 2003) (finding that Maceo did not qualify as a sexual predator under section 775.21(4)(a)l.b. “as he had not previously been convicted of, plead nolo or guilty to, or found to have committed any of the enumerated prior offenses whi…
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Flint v. State, 227 So. 3d 759 (Fla. 1st DCA 2017)…do not qualify him to be designated as a sexual’ predator. The appellant’s kidnapping conviction does not qualify him for designation as a sexual predator because the victim was not a minor. See § 775.21(4)(a)1.a., Fla. Stat. (2010); Maceo v. State, 870 So. 2d 852 (Fla. 3d DCA 2003) (conviction for life felony of armed kidnapping did not qualify him for classification as sexual predator where victim was not a minor). Additionally, the appellant’s three convictions for violating section 794.011(5), Florida Sta…