Downs v. State, 96-02281
| Citation | 700 So.2d 789 |
| Decision Date | 22 October 1997 |
| Docket Number | No. 96-02281,96-02281 |
| Parties | 22 Fla. L. Weekly D2485 Thomas DOWNS, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jean-Jacques Darius, Assistant Attorney General, Tampa, for Appellee.
The defendant, Thomas Downs, Jr., challenges the trial court's order designating him a sexual predator pursuant to section 775.21, Florida Statutes (Supp.1996). We dismiss this appeal as untimely. However, we write to explain our dismissal and to clarify the procedures for appeals taken from orders entered pursuant to section 775.21.
Downs was charged with one count of kidnapping and three counts of sexual battery, alleged to have occurred on April 30, 1995. On April 16, 1996, he entered a plea of guilty. The written judgment adjudicating him guilty was entered the same day. On April 25, 1996, the written sentence was entered. On May 17, 1996, Downs' trial counsel filed a notice of appeal. The record was transmitted to this court on June 13, 1996.
On August 8, 1996, the State filed its Notice of Hearing to Declare the Defendant a Sexual Predator. On August 21, 1996, more than three months after Downs filed his notice appealing the judgment and sentence, a hearing was held before the trial court. The entire transcript of that proceeding reads:
The trial court entered its order designating Downs a sexual predator on August 23, 1996.
On October 1, 1996, Downs filed a motion to supplement the appellate record with a transcript of the August 21, 1996, hearing. The motion was granted. The appellate record was also supplemented a second time, on this court's order, with the trial court's August 23, 1996, order designating Downs a sexual predator. Downs's counsel never filed an amended notice of appeal of the sexual predator order.
The State argues that the trial court's sexual predator order is not subject to...
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State v. Robinson
...and "is therefore appealable as an order entered after a `finding of guilt,' pursuant to rule 9.140(b)(1)(C)"); Downs v. State, 700 So.2d 789 (Fla. 2d DCA 1997) (same). Because Robinson was designated a sexual offender under the Act and subjected to its requirements, he had standing to chal......
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Cabrera v. State, 5D03-2367.
...and "is therefore appealable as an order entered after a `finding of guilt,' pursuant to rule 9.140(b)(1)(C)"); Downs v. State, 700 So.2d 789 (Fla. 2d DCA 1997) Robinson, 873 So.2d at 1208-09.5 The provisions of section 775.21 and the holding in Robinson are significant because the Legislat......
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Shepherd v. State, Case No. 2D03-4040 (FL 8/3/2005)
...order is entered within thirty days of sentencing, we can review the order as adjunct to the direct criminal appeal, Downs v. State, 700 So. 2d 789 (Fla. 2d DCA 1997), because we have jurisdiction to do so by virtue of Florida Rule of Appellate Procedure 9.140(b)(1)(D), which grants appella......
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State v. Colley, 97-03653.
...from an order designating him or her a sexual predator by way of Florida Rule of Appellate Procedure 9.140(b)(1)(C). See Downs v. State, 700 So.2d 789 (Fla. 2d DCA 1997). There is no similar provision in rule 9.140 that would allow the State to appeal an order declining to impose a sexual p......