WALTER WILLIAM MORAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-12-10
No. 5D03-2848
SHARP, W., and GRIFFIN, JJ„ concur.
888 So. 2d 729 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 2 cases
Opinion of the Court
THOMPSON, J.

THOMPSON, J.

Walter William Moran appeals his convictions for two counts of lewd and lascivious molestation. We affirm his convictions and the trial court’s order declaring Moran to be a sexual predator. Relying upon Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), Moran alleges that his proce dural due process rights were violated when he was designated a sexual predator. This court has previously held that the act is constitutional and does not violate a defendant’s procedural due process rights. Rickman v. State, 871 So. 2d 810 (Fla. 5th DCA 2004). We certify conflict with Es-pindola.

AFFIRMED. CONFLICT CERTIFIED.

SHARP, W., and GRIFFIN, JJ„ concur.

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  • Sage v. State, 890 So. 2d 1277 (Fla. 5th DCA 2005)
    …s position and Espindola, this court has held that the Florida Sexual Predator Act is constitutional and does not violate a defendant’s procedural due process rights. Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004). Recently, in Moran v. State, 888 So. 2d 729 (Fla. 5th DCA 2004), this court followed Rickman and certified conflict with Espindola. See also Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004) (same). Accordingly, we affirm. Again, we certify conflict with Espindola. AFFIRM and CERTIFY CON…

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