JOSE LUIS CASTANEDA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Castaneda's sexual predator designation was reversed because his second-degree felony conviction under section 800.04(4)(a) without prior qualifying convictions did not meet the statutory criteria for designation under section 775.21.
A person convicted of a second-degree felony violation of section 800.04 without prior convictions of specified predicate offenses does not qualify for sexual predator designation under section 775.21(4).
[1] A person convicted of a second-degree felony violation of section 800.04 must have prior convictions of specified predicate offenses to qualify for sexual predator design…
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Join FLexlaw to unlock all legal intelligenceCastaneda was convicted of committing a lewd or lascivious battery on a child less than sixteen but older than twelve years of age in violation of sec…
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WHATLEY, Judge.
Jose Luis Castaneda was convicted of committing a lewd or lascivious battery on a child less than sixteen but older than twelve years of age in violation of section 800.04(4)(a), Florida Statutes (2004). Thereafter, the 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, or an attempt thereof, of section 800.04. Id. “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)(1)(b).” Id. In the present case, Castaneda was convicted of a second-degree felony violation of section 800.04(4)(a), and he had no previous convictions of the specified predicate offenses. Therefore, he did not meet the criteria for sexual predator designation.
Accordingly, we reverse the trial court order designating Castaneda a sexual predator and remand with directions to vacate the order. Reversed and remanded.
DAVIS and SILBERMAN, JJ., Concur,
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Citator
Cited By
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Pringle v. State, 6 So. 3d 673 (Fla. 2d DCA 2009)…signation as a sexual predator, the State concedes that 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.…
Authorities Cited
- Hickey v. State, 915 So. 2d 663 (Fla. 2d DCA 2005)