HENRY BERNARD VANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2012-10-31
No. 1D11-5978
PADOVANO, MARSTILLER, and SWANSON, JJ., concur.
99 So. 3d 633 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of the trial court’s denial of his motion for removal of the sexual offender registration requirement. In order to qualify for removal of the registration requirement, appellant had to establish he was “not more than 4 years older than the victim” pursuant to section 943.04354(l)(c), Florida Statutes. Consistent with the prior decisions of our sister courts construing the plain language of the statute, we conclude the trial court properly denied appellant’s motion because appellant was four years, three months, and ten days older than the victim. See State v. Welch, 94 So.3d 631 (Fla. 2d DCA 2012); State v. Samuels, 76 So.3d 1109 (Fla. 5th DCA 2011); State v. Marcel, 67 So.3d 1223 (Fla. 3d DCA 2011).

AFFIRMED.

PADOVANO, MARSTILLER, and SWANSON, JJ., concur.

2


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  • State v. Rudolfo Caragol, 120 So. 3d 641 (Fla. 5th DCA 2013)
    …mines the person meets the criteria in subsection (1) and removal of the registration requirement will not conflict with federal law, it may grant the petition and order the removal of the registration requirement.” (emphasis added)); Vann v. State, 99 So. 3d 633, 633 (Fla. 1st DCA 2012) (“In order to qualify for removal of the registration requirement, appellant had to establish he was ‘not more than 4 years older than the victim’ pursuant to section 943.04354(l)(c), Florida Statutes.”); State v. Samuels, 7…

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