JOHNNY L. SADLER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Johnny Sadler appealed the denial of his motion to correct an illegal sexual predator designation. The court reversed, holding that prior felony convictions cannot qualify as predicates for sexual predator designation unless the defendant was sentenced for those prior offenses before committing the current offense—not merely before sentencing for the current offense.
The court held that the sexual predator statute requires that the defendant be sentenced for the prior felony before committing the subject offense, not merely before being sentenced for it. Because Sadler was sentenced for the lewd and lascivious batteries on November 30, 1998, after committing the current offense on July 20, 1998, those convictions cannot serve as predicates for sexual predator designation.
[1] A sexual predator designation is illegal if the prior felony conviction used to qualify the offender was sentenced after the commission of the current offense.
[2] For a prior felony to qualify for a sexual predator designation, the felony must have resulted in a conviction sentenced separately and prior to the commission of the cur…
Previewing 2 of 4 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“in order for a prior offense to qualify as a predicate offense, the defendant must receive a sentence for the prior offense before committing the subject offense”
Establishes the controlling legal standard from Carson v. State requiring sentencing of prior offense before commission of current offense
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 20, 1998, Sadler committed unlawful sexual activity with a minor. He was convicted and sentenced on July 28, 1999, to three years' imprisonmen…
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Appellant challenges the denial of a motion to correct illegal sentence challenging his sexual predator designation. For the reasons discussed below, we reverse the *499denial and remand for the trial court to strike Appellant’s sexual predator designation.
On July 28, 1999, following a plea, Appellant was convicted of unlawful sexual activity with a minor and was sentenced to three years’ imprisonment in this case for crimes committed on July 20, 1998. In November of 1999, the State filed a motion to declare Appellant a sexual predator because on November 30, 1998, Appellant had been convicted of two counts of lewd and lascivious battery. Appellant alleges that his sexual predator designation is illegal because at the time he committed the instant offense, July 20, 1998, he had not yet been convicted of the lewd and lascivious batteries. Appellant’s claim is cognizable in a rule 3.800(a) motion. See Sain-telien v. State, 990 So.2d 494 (Fla.2008).
According to section 775.21(4)(c)(l), Florida Statutes (1999), a person qualifies as a sexual predator if the felony is any second-degree or greater felony violation of chapter 794 (sexual activity with a minor is a second-degree felony violation of chapter 794) and the offender has previously been convicted of, or found to have committed, or has pled nolo contendere or guilty to, any violation of section 800.04 (lewd and lascivious battery/conduct/exhibition). Section 775.21(4)(d) states:
In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony.
(emphasis added). The trial court held that because Appellant had been convicted and sentenced for the lewd and lascivious offenses “prior to his sentencing for the current offense,” he qualified as a sexual predator. As conceded by the State, this was error.
In Carson v. State, 739 So.2d 653, 654 (Fla. 1st DCA 1999), this Court interpreted the habitual felony offender statute, section 775.084(5), Florida Statutes (1993),1 which has operative language nearly identical to Section 775.21(4)(d), to mean that “in order for a prior offense to qualify as a predicate offense, the defendant must receive a sentence for the prior offense before committing the subject offense.” (emphasis added) We conclude that the same reasoning applies in interpreting section 775.21(4)(d). In this case, Appellant was sentenced for the “prior offense” (the lewd and lascivious convictions) on November 30, 1998, after he committed the current offense on July 20, 1998. Therefore, the lewd and lascivious convictions do not qualify Appellant for a sexual predator designation.
Accordingly, we REVERSE the denial of Appellant’s motion to correct illegal sentence and REMAND for the trial court to strike Appellant’s sexual predator designation.
WOLF, RAY, and MAKAR, JJ., concur.
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Sadler v. State, 141 So. 3d 1266 (Fla. 1st DCA 2014)…F-0818, arguing that he had been improperly designated as a sexual predator. On May 8, 2012, this court reversed the trial court’s denial of that motion and remanded with orders to strike the appellant’s sexual predator designation. Sadler v. State, 112 So. 3d 498, 499 (Fla. 1st DCA 2012). On June 20, 2012, the trial court issued an order striking the designation. On May 11, 2012, the appellant filed the instant rule 3.850 motion in case number 2007-CF-3786, arguing that his convictions for the failure to co…
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Reginal M. Hardy v. State, 208 So. 3d 828 (Fla. 5th DCA 2017)…s of the date of offense of the prior felony.” § 775.21(4)(b), Fla. Stat. (2012) (emphasis added). This means the conviction and sentence on the predicate prior felony must be entered before the current felony is committed. See id.; Sadler v. State, 112 So. 3d 498, 499 (Fla. 1st DCA 2012) (holding that a conviction and sentence for a predicate offense that is entered after the commission of the current offense does not qualify as a prior felony within the meaning of the sexual predator statute). Applied to t…
Authorities Cited
- Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)
- Tavares M. Carson v. State, 739 So. 2d 653 (Fla. 1st DCA 1999)