BRYAN LINDERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PALMER, J.
Bryan Linderman (defendant) appeals the order designating him a sexual predator, arguing that his procedural due process rights were violated when he was designated as a sexual predator.1 He relies on Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), in which the Third District held Florida’s Sexual Predator Act to be unconstitutional on the basis that it fails to provide minimal due process. However, this court has held that the Act is constitutional and does not violate a defendant’s procedural due process rights. See Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004). The other district courts are in accord. See Allen v. State, 29 Fla. L. Weekly D892 (Fla. 2d DCA April 14, 2004); Frazier v. State, 29 Fla. L. Weekly D369 (Fla. 1st DCA Feb.6, 2004); Dejesus v. State, 862 So. 2d 847 (Fla. 4th DCA 2003).
Accordingly, we affirm the designation order rendered below and certify conflict with Espindola.
AFFIRMED; CONFLICT CERTIFIED.
ORFINGER and TORPY, JJ., concur. . See Fla. R.Crim. P. 3.850.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)…ion 943.0435 is unconstitutional. We disagree because this issue has already been decided. See Milks v. State, 894 So. 2d 924 (Fla.2005); Hanson v. State, 905 So. 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.…
-
Valencia Byrd v. State, 916 So. 2d 926 (Fla. 1st DCA 2005)…l court failed to advise petitioner of her right to appeal at the time sentence was imposed. Accordingly, we grant the petition and direct that petitioner be afforded a belated appeal in Duval County case number 16-CF-1994-001783. See Polk v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Bowden v. Singletary, 805 So. 2d 812 (Fla. 3d DCA 1999). Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the lower tribunal, who shall treat it as a notice of appeal. Fla. R.App. P.…
-
Sage v. State, 888 So. 2d 730 (Fla. 5th DCA 2004)…entitled to relief because the trial court’s order did not include a statement that Sage had the right to appeal within 30 days, as required by Florida Rule of Criminal Procedure 3.850(g). We grant the petition for belated appeal. See Polk v. State, 884 So. 2d 498, 29 Fla. L. Weekly D2247 (Fla. 5th DCA Oct.8, 2004); Bowden v. Singletary, 805 So. 2d 812 (Fla. 3d DCA 1999). This opinion shall be filed with the trial court and will be treated as the notice of appeal in Volusia County Circuit Case CRC03-30582CF…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- DeJESUS v. State, 862 So. 2d 847 (Fla. 4th DCA 2003)
- State v. Laban Jasper Earwood, 871 So. 2d 310 (Fla. 5th DCA 2004)