Benitez v. State, 95-3052

Decision Date31 January 1996
Docket NumberNo. 95-3052,95-3052
Citation667 So.2d 476
Parties21 Fla. L. Weekly D288 Sigifredo BENITEZ, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

An appeal from the Circuit Court for Dade County, Sidney B. Shapiro, Judge.

Sigifredo Benitez, in pro. per.

Robert A. Butterworth, Attorney General, and Cynthia A. Greenfield, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GREEN, JJ.

PER CURIAM.

Sigifredo Benitez appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He contends that in the plea colloquy in which he pled guilty to two counts of attempted capital sexual battery and one count of kidnapping, he should have been advised that he would thereby become subject to the Florida Sexual Predators Act and its registration requirements. See §§ 775.21-.23, Fla.Stat. (1993). We conclude that this was a collateral consequence of the plea which was not required to be covered in the plea colloquy. See State v. Will, 645 So.2d 91, 94-95 (Fla. 3d DCA 1994); Polk v. State, 405 So.2d 758, 761-62 (Fla. 3d DCA 1981).

Affirmed.

To continue reading

Request your trial
13 cases
  • Harris v. State
    • United States
    • Florida District Court of Appeals
    • 26 Abril 2002
    ...4th DCA 1999); Burkett v. State, 731 So.2d 695 (Fla. 2d DCA 1998); Collie v. State, 710 So.2d 1000 (Fla. 2d DCA 1998); Benitez v. State, 667 So.2d 476 (Fla. 3d DCA 1996). The case at bar, however, does not involve the issue of the voluntariness of Harris's plea. Rather, appellant asserts th......
  • State v. Partlow
    • United States
    • Florida Supreme Court
    • 20 Febrero 2003
    ...at 431. Moreover, the decisions finding offender registration to be collateral consequences of a plea largely rely on Benitez v. State, 667 So.2d 476 (Fla. 3d DCA 1996). See, e.g., State v. Stapleton, 764 So.2d 886 (Fla. 4th DCA 2000);5 Oce v. State, 742 So.2d 464 (Fla. 3d DCA 1999); LaMoni......
  • Robinson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 11 Septiembre 1998
    ...State v. Young, 112 Ariz. 361, 542 P.2d 20 (1975); Collie v. State, 710 So.2d 1000 (Fla. Dist.Ct.App.1998); Benitez v. State, 667 So.2d 476 (Fla.Dist.Ct.App.1996); People v. Murphy, 207 Ill.App.3d 539, 152 Ill.Dec. 441, 565 N.E.2d 1359 (4 Dist.1991); Ward, supra; and State v. Clark, 75 Wash......
  • Bussell v. State, 78010
    • United States
    • Kansas Court of Appeals
    • 21 Agosto 1998
    ...failure to advise a defendant of sex offender registration requirements is no basis for withdrawal of a guilty plea. Benitez v. State, 667 So.2d 476 (Fla.Dist.App.1996). Based upon the decisions cited above, we hold that the potential application of the KSVPA is, at most, nothing more than ......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT