BRYAN DARRELL ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRYAN DARRELL ALLEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
884 So. 2d 90
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 4 cases
Opinion of the Court
FULMER, Judge.
Bryan Darrell Allen appeals an order designating him a sexual predator pursuant to the Florida Sexual Predators Act (the Act), section 775.21, Florida Statutes (2002). Allen argues that the Act violates procedural due process. We affirm. See Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), review granted, 859 So. 2d 514 (Fla.2003). In doing so, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), notice of appeal filed, No. SC03-2103 (Fla. Nov.10, 2003).
DAVIS and CANADY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Renard Davis v. State, 31 So. 3d 277 (Fla. 2d DCA 2010)…nd for the postconviction court to reconsider Davis’s claim. On remand, the postconviction court shall either attach those portions of the record that conclusively refute the claim or conduct an evidentiary hearing on the issue. See Benton v. State, 884 So. 2d 90, 92 (Fla. 2d DCA 2004). Reversed and remanded. KELLY and VILLANTI, JJ., Concur. . Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). . The statement as to two years’ community control and probation was circled on the for…
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Spires v. State, 934 So. 2d 630 (Fla. 2d DCA 2006)…ecord attachments do not conclusively refute the allegations of claim one. Therefore, in the absence of an evidentiary hearing, we must accept the allegations of claim one as true. See Peede v. State, 748 So. 2d 253, 257 (Fla.1999); Benton v. State, 884 So. 2d 90, 92 (Fla. 2d DCA 2004). Accordingly, we reverse and remand for the postconviction court to reconsider claim one of Spires’ motion and either to attach additional record attachments that conclusively refute the claim or to conduct an evidentiary hear…
Authorities 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)