THOMAS WILLIAM HICKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed sexual predator designation because defendant convicted of second-degree felony lewd molestation did not meet statutory criteria requiring either a first-degree felony conviction or a second-degree felony with prior specified predicate offenses.
A person convicted of lewd or lascivious molestation at the second-degree-felony level cannot be designated a sexual predator under section 775.21(4) without either a first-degree felony conviction or a prior conviction of a specified predicate offense.
[1] A person convicted of lewd or lascivious molestation under section 800.04 may be designated a sexual predator only if the offense constitutes a first-degree felony or if…
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Join FLexlaw to unlock all legal intelligenceThomas William Hickey was convicted of lewd or lascivious molestation as a second-degree felony and the trial court designated him a sexual predator.…
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FULMER, Chief Judge.
Thomas William Hickey was convicted of lewd or lascivious molestation and subsequently designated a sexual predator by the trial court under section 775.21, Florida Statutes (2002).
We reverse the trial court’s order designating Hickey a sexual predator because Hickey does not meet any of the criteria for the sexual predator designation delineated in section 775.21(4).
The State concedes the error. Hickey was convicted of lewd or lascivious molestation at the second-degree-felony level pursuant to section 800.04(5)(c)(2), Florida Statutes (2002).
A person convicted under section 800.04 must meet either of two criteria to be designated a sexual predator under section 775.21(4).
The first criterion is that the offense must be a first-degree felony violation, or attempt thereof, of section 800.04. § 775.21(4)(a)(l)(a).
Hickey does not satisfy this criterion because his offensé was a second-degree felony. Alternatively, the offense must be any felony violation, or attempt thereof, of section 800.04 and the offender must previously have been convicted of or pleaded to a violation of a crime specified in section 775.21(4)(a)(l)(b). Hickey does not satisfy this second criterion either because he was not shown to have been previously convicted of any of the specified predicate offenses.
Because Hickey meets neither of the statutory criteria, we reverse the trial court’s order designating him a sexual predator and remand with directions to vacate the order. WHATLEY and CANADY, JJ., Concur.
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Castaneda v. State, 922 So. 2d 451 (Fla. 2d DCA 2006)…e trial court found that Castaneda qualified for sexual predator designation pursuant to section 775.21, Florida Statutes (2004). Castaneda appeals the order designating him to be a sexual predator and the State concedes error. In Hickey v. State, 915 So. 2d 663, 663 (Fla. 2d DCA 2005), this court held that in order to be designated a sexual predator under section 775.21(4), a person convicted under section 800.04 must meet either of two criteria. First, the offense must be a first-degree felony violation,…
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Pringle v. State, 6 So. 3d 673 (Fla. 2d DCA 2009)…hat the record is incomplete and does not show whether Mr. Pringle’s predicate offenses qualify him as a sexual predator under section 775.21(4)(a), Florida Statutes (2006). See Castaneda v. State, 922 So. 2d 451 (Fla. 2d DCA 2006); Hickey v. State, 915 So. 2d 663 (Fla. 2d DCA 2005). Therefore, we vacate the sexual predator designation and remand for resentencing without prejudice to the State to provide evidence that Mr. Pringle has the predicate offenses. Conviction affirmed, sentence and sexual predator…
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Lester v. State, 20 So. 3d 1012 (Fla. 4th DCA 2009)…s conviction and sentence without discussion. However, we reverse his designation as a sexual predator because he does not meet the criteria for such a designation. See, e.g., Ealum v. State, 943 So. 2d 994, 995 (Fla. 1st DCA 2006); Hickey v. State, 915 So. 2d 663, 663-64 (Fla. 2d DCA 2005); State v. Bouchil-lon, 882 So. 2d 412, 412-13 (Fla. 4th DCA 2004). On remand, the trial court shall vacate the order designating the Appellant a sexual predator. Affirmed in part; Reversed in part and Remanded with ins…
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