JAMES EVANS
v.
STATE OF FLORIDA
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A circuit court has jurisdiction to impose a sexual predator designation on an offender who qualifies under section 775.21, Florida Statutes, even when the sentencing court did not impose the designation at sentencing and the offender's sentence has been completed.
[1] A circuit court has jurisdiction to impose a sexual predator designation pursuant to Florida Statute § 775.21 post-sentencing when the original sentencing court did not i…
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Join FLexlaw to unlock all legal intelligence“[A] circuit court has jurisdiction to impose a sexual predator designation on an offender who qualifies under section 775.21, when the sentencing court did not impose the designation at sentencing and the offender's sentence has been completed.”
From State v. McKenzie, cited as controlling precedent
James Evans appealed a sexual predator designation imposed by the circuit court post-sentencing. The designation was imposed after Evans had completed…
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PER CURIAM.
Affirmed. See State v. McKenzie, 46 Fla. L. Weekly S271, 2021 WL 4314052, at *6 (Fla. Sept. 23, 2021) (“[A] circuit court has jurisdiction to impose a sexual predator designation on an offender who qualifies under section 775.21, when the sentencing court did not impose the designation at sentencing and the offender’s sentence has been completed.”); Cuevas v. State, 31 So. 3d 290, 291–92 (Fla. 3d DCA 2010) (determining that designation as a sexual predator may be ordered after a defendant has served his sentence and been released); Sheppard v. State, 907 So. 2d 1259, 1260 (Fla. 2d DCA 2005) (“This court has not declared that it would be a double jeopardy violation for the[] employment restrictions [of current section 775.21(10)(b), Florida Statutes] to be prospectively applied.”).
MAY, GERBER and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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Authorities Cited
- Desiderio Cuevas v. State, 31 So. 3d 290 (Fla. 3d DCA 2010)
- Evans v. State (Fla. 4th DCA 2022)