LEONARD BRAUDAWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2005-01-19
No. 2D02-3959
ALTENBERND, C.J., and WALLACE, J., Concur.
890 So. 2d 1257 Florida District Court of Appeal, Second District (2005) Positive Treatment
Cited by 12 cases
Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Leonard Braudaway challenges his designation as a sexual predator, arguing that the Florida Sexual Predator’s Act1 (“the Act”) is unconstitutional. In support of his argument, Braudaway cites Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), review granted by Milks v. State, 881 So. 2d 1113 (Fla.2004).

However, this court has addressed this issue in Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003), concluding that the Act is constitutional. Accordingly, we affirm and certify conflict with Espindola, 855 So. 2d 1281.

Affirmed; conflict certified.

ALTENBERND, C.J., and WALLACE, J., Concur. . § 775.21, Fla. Stat. (2000).

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  • Murphy v. State, 952 So. 2d 1214 (Fla. 5th DCA 2007)
    …notice of the State’s intent to seek an habitual offender sentence, and (2) the trial court must confirm that the accused is personally aware of that possibility and of the reasonable consequences of habitualization. See also Akers [*1216] v. State, 890 So. 2d 1257 (Fla. 5th DCA 2005). It is the second prong that causes us concern. The case law teaches that with respect to this requirement the trial court should, during the plea colloquy, discuss with the defendant his or her eligibility for habitualization,…
  • Carlton Lee Jones v. State, 125 So. 3d 917 (Fla. 4th DCA 2013)
    …ean that rule 3.720(b) was violated. Affirmed. WARNER and GROSS, JJ., concur. . After Jones entered his plea, the state submitted a Notice of Intent to Seek Enhanced Penalties as a habitual felony offender, which was untimely. See Akers v. State, 890 So. 2d 1257, 1259 (Fla. 5th DCA 2005) ("In order to impose a sentence as a habitual felony offender ... the defendant must be served with the notice a sufficient time prior to the plea, and the trial court must confirm that the defendant is personally aware of…
  • Stoddard v. State, 253 So. 3d 759 (Fla. 2d DCA 2018)

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