CARL EDWARD DENNIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Carl Edward Dennis appealed the denial of his motion for postconviction relief challenging his sexual predator designation. The court affirmed the denial of most grounds but reversed on the ground challenging the sexual predator designation, finding that because some of Dennis's charged offenses predated the Florida Sexual Predators Act's effective date and the evidence could not establish precise offense dates, the rule of lenity prevented imposing the designation.
A sexual predator designation may be challenged like a sentencing issue through postconviction motions pursuant to Rule 3.850. Because the evidence could not establish the precise dates of Dennis's offenses with any greater specificity than the thirteen-month period charged in the information, and it is possible he committed some offenses before the Act's effective date, the rule of lenity prevents imposing the sexual predator designation.
[1] A sexual predator designation is improper if the offenses for which the designation is imposed occurred prior to the effective date of the Sexual Predator Act, absent evi…
[2] When an information alleges offenses occurred over a period that includes dates both before and after the effective date of the Sexual Predator Act, the rule of lenity pr…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a sexual predator designation ... may be challenged like a sentencing issue by postconviction motions pursuant to rules 3.800(a) and 3.850.”
Establishes that sexual predator designations are subject to postconviction challenge as sentencing issues
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDennis was charged with four counts of sexual battery committed between January 1, 1993, and February 28, 1994. A jury convicted him on three counts a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Sexual Predators Act cases and more on FLexlaw
Carl Edward Dennis appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of grounds one, two, four, five, and six without comment. However, we approve the State’s concession of error on ground three and reverse for further proceedings.
Procedural History
The State charged Mr. Dennis with four counts of sexual battery. At trial, a jury convicted him on three counts, acquitting him on one. This court per curiam affirmed his judgment and sentences. See Dennis v. State, 681 So.2d 284 (Fla. 2d DCA 1996) (table decision). Mr. Dennis subsequently filed this motion for postcon-viction relief. The postconviction court summarily denied grounds one through five and, following an evidentiary hearing, denied ground six.
In ground three of his postconviction motion, Mr. Dennis claimed that the trial court erred in declaring him a sexual predator. He asserted that the State charged him with committing his offenses over a thirteen-month time period, part of which preceded the effective date of the Florida Sexual Predators Act.1 The postconviction court summarily denied the claim, ruling that Mr. Dennis should have raised it on direct appeal.
Analysis
The postconviction court erred in denying ground three. Since 2005, this court has held that “a sexual predator designation ... may be challenged like a sentencing issue by postconviction motions pursuant to rules 3.800(a) and 3.850.” King v. State, 911 So.2d 229, 234 (Fla. 2d DCA 2005).
Additionally, Mr. Dennis’s claim has merit. The State’s felony information charged that Mr. Dennis committed his offenses between January 1, 1993, and February 28, 1994, inclusive. Section 775.21, Florida Statutes (2008), otherwise known as the Florida Sexual Predators Act, only authorizes the imposition of the sexual predator designation for offenses committed on or after the Act’s effective date of October 1, 1993. See ch. 93-277, § 1, at 2624, Laws of Fla.; Anderson v. State, 774 So.2d 719, 719 (Fla. 2d DCA 2000); Wade v. State, 728 So.2d 284 (Fla. 2d DCA 1999), receded from on other grounds in King, 911 So.2d at 233. The State charged Mr. Dennis with committing his offenses during a thirteen-month period that includes dates both before and after the Act’s effective date.
There is no evidence in the record before us to establish the dates of Mr. Dennis’s offenses with any greater specificity than the period charged in the information. The two victims were young children when Mr. Dennis committed his crimes and their trial testimony reflects an inability to identify any precise offense dates. Because it is possible Mr. Dennis committed his offenses before the Florida Sexual Predators Act’s effective date, the rule of lenity prevents the trial court from imposing the sexual predator designation upon him for these convictions. See, e.g., Clements v. State, 979 So.2d 256 (Fla. 2d DCA 2007) *81(holding that when the legislature lengthened a statute of limitations during the defendant’s nine-month charged time period and the evidence did not precisely determine when the offenses were committed during that time period, the more lenient statute of limitations applied).
On remand, the trial court shall strike the sexual predator designation imposed for the convictions in this case from Mr. Dennis’s record.
Affirmed in part; reversed in part; remanded with instructions.
ALTENBERND and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lowery v. State, 98 So. 3d 163 (Fla. 1st DCA 2012)…noted that the information alleged the crimes took place between January 1, 1990, and September 28, 1994, and thus, because some of the alleged actions occurred after October 1, 1993, his sexual predator designation is proper. In Dennis v. State, 32 So. 3d 79 (Fla. 2d DCA 2009), a defendant was convicted of three sexual offenses which, according to the information, occurred over a 13-month period which included dates both before and after the Sexual Predator Act’s effective date. The defendant filed a mo…
-
Roberts v. State, 239 So. 3d 1289 (Fla. 2d DCA 2018)…'s] offenses were committed prior to October 1, 1993, we conclude that he did not meet the criteria for a sexual predator designation."), receded from on other grounds by King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005); see also Dennis v. State, 32 So. 3d 79, 80 (Fla. 2d DCA 2009). On remand, the trial court shall strike Roberts's sexual predator designation imposed for the conviction in this case and enter an amended judgment omitting this designation. See Dennis, 32 So. 3d at 81; Wade, 728 So. 2d…
Authorities Cited
- King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)
- Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999)
- Harrell v. State, 728 So. 2d 284 (Fla. 3d DCA 1999)
- Clements v. State, 979 So. 2d 256 (Fla. 2d DCA 2007)
- Mervin L. Anderson v. State, 774 So. 2d 719 (Fla. 2d DCA 2000)