SIGIFREDO BENITEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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.
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Cited By (14 total)
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State v. Partlow, 840 So. 2d 1040 (Fla. 2003)…ea colloquy should be resolved based on a rigid definition of direct versus collateral consequences.” 814 So. 2d 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); LaMonica v. [*1047] State, 732 So. 2d 1175 (Fla. 4th DCA 1999). The court in Benitez held in a very brief opinio…
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Collie v. State, 710 So. 2d 1000 (Fla. 2d DCA 1998)…dom from multiple punishments for the same offense). Plea Bargain Collie asserts that the sexual predator designation constitutes a breach of contract because it imposes punishment beyond that to which he contractually agreed. In Benitez v. State, 667 So. 2d 476 (Fla. 3d DCA 1996), the Third District Court held that the sexual predator designation was a collateral consequence of the guilty plea and the court was not required to advise the defendant of this consequence during the plea colloquy. We agree. Ad…
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Woods v. State, 714 So. 2d 527 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED on the authority of Benitez v. State, 667 So. 2d 476 (Fla. 3d DCA 1996). DAUKSCH, HARRIS and PETERSON, JJ., concur.…
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- State v. Will, 645 So. 2d 91 (Fla. 3d DCA 1994)
- Polk v. State, 405 So. 2d 758 (Fla. 3d DCA 1981)