RALPH FLINT, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's sexual predator designation was reversed because his kidnapping conviction involved an adult victim and his sexual battery convictions lacked the required prior enumerated convictions.
A defendant convicted of kidnapping an adult and sexual battery without force cannot be designated a sexual predator where the kidnapping victim was not a minor and the sexual battery convictions lack prior enumerated convictions.
[1] A conviction for kidnapping does not qualify an offender for sexual predator designation under Fla. …
[2] An offender convicted of sexual battery under Fla. …
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of kidnapping and three counts of sexual battery without force likely to cause serious personal injury. The State conceded tha…
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The appellant appeals the denial of a motion to correct illegal sentence challenging his designation as a sexual predator. The appellant was convicted of kidnapping and three counts of sexual battery without force likely to cause serious personal injury. As the State has conceded, the appellant’s prior convictions do not qualify him to be designated as a sexual’ predator. The appellant’s kidnapping conviction does not qualify him for designation as a sexual predator because the victim was not a minor. See § 775.21(4)(a)1.a., Fla. Stat. (2010); Maceo v. State, 870 So.2d 852 (Fla. 3d DCA 2003) (conviction for life felony of armed kidnapping did not qualify him for classification as sexual predator where victim was not a minor). Additionally, the appellant’s three convictions for violating section 794.011(5), Florida Statutes (2010), do not qualify as they are second-degree felonies and he does not have any prior enumerated convictions. See § 775,21(4)(a)1.b., Fla. Stat. (2010); Lupianez v. State, 909 So.2d 600 (Fla. 2d DCA 2005) (holding that an offender who violates section 794.011(5) must have a prior enumerated conviction to qualify as a sexual predator). Accordingly, we reverse the denial of the appellant’s motion and remand for the lower court to vacate the order designating him a. sexual predator.
REVERSED and REMANDED with directions.
ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Laercy MacEo v. State, 870 So. 2d 852 (Fla. 3d DCA 2003)
- Lupianez v. State, 909 So. 2d 600 (Fla. 2d DCA 2005)