Garcia v. State, 2D01-4900.
| Decision Date | 16 October 2002 |
| Docket Number | No. 2D01-4900.,2D01-4900. |
| Citation | 827 So.2d 1102 |
| Parties | Lionardo GARCIA, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Lionardo Garcia, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Lionardo Garcia pleaded guilty to committing a lewd and lascivious act pursuant to section 800.04(2), Florida Statutes (1999). The trial court sentenced Mr. Garcia to five years' imprisonment. At the plea hearing, the court made no mention of designating Mr. Garcia a sexual predator. After Mr. Garcia was incarcerated, the Department of Corrections sent a letter to the court indicating that Mr. Garcia might be eligible for a sexual predator designation. A hearing was held on October 18, 2001, in which Mr. Garcia was incorrectly designated as a sexual predator. Mr. Garcia appeals the order designating him as a sexual predator.
Under section 775.21(4)(c)(1)(c), Florida Statutes (Supp.1998), where the violation of section 800.04(02) is a second-degree felony, in order for the sexual predator designation to apply, the defendant must have a previous conviction with or without an adjudication of certain enumerated offenses. The State admits that Garcia does not have any prior convictions and that it was reversible error to designate him as a sexual predator. We reverse and remand to the trial court to remove the sexual predator designation.
Reversed and remanded.
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King v. State, 2D04-1513.
...as orders entered after final judgment pursuant to Florida Rule of Appellate Procedure 9.140(b)(1)(D). See, e.g., Garcia v. State, 827 So.2d 1102 (Fla. 2d DCA 2002). After the statutes had been in effect for a year or two, most designation orders were being entered at the same time as the s......
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Meyers v. State
...regardless of adjudication, any of certain statutorily enumerated offenses. § 775.21(4)(a)(1)(b), Fla. Stat. (2001); Garcia v. State, 827 So.2d 1102 (Fla. 2d DCA 2002); Nicholas v. State, 844 So.2d 826 (Fla. 5th DCA 2003). The State admits that Meyers did not have the required previous offe......
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Nicholas v. State, 5D02-1898.
...have a previous conviction of certain enumerated offenses in order for the sexual predator designation to apply. See Garcia v. State, 827 So.2d 1102 (Fla. 2d DCA 2002). Moreover, if the defendant has a qualifying previous conviction, the defendant must not have been pardoned or the convicti......