ANTONIO HODGSON
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-07-26
No. 23-0526
Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 7 cases

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Holding

Sexual predator status under Florida Statute § 775.21 is imposed automatically upon conviction of specified crimes and is a status resulting from the conviction, not a sentence or punishment.


Headnotes

[1] The designation of a person as a sexual predator under Florida Statute § 775.21 is automatically imposed upon conviction of specified capital, life, or first degree felon…

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Key Quotes

“The imposition of sexual predator status under section 775.21 is related to the underlying criminal offense—but is not itself a sentence or punishment”

Court's citation to State v. McKenzie explaining the nature of sexual predator designation

Facts & Procedural History

Antonio Hodgson appealed his sexual predator designation imposed by the trial court following his conviction of a qualifying offense under Florida law…

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Opinion of the Court

PER CURIAM.

Affirmed. See § 775.21(4)(a)1.a., Fla. Stat. (2014) (providing that a defendant “shall be designated as a ‘sexual predator’” upon conviction of a “capital, life, or first degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor, or s. 794.011, s. 800.04, or s. 847.0145 . . . .”) See also State v. McKenzie, 331 So. 3d 666, 673 (Fla. 2021) (“The imposition of sexual predator status under section 775.21 is related to the underlying criminal offense—but is not itself a sentence or punishment”); § 775.21(3)(d), Fla. Stat. (2014) (“The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes”).


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