MERVIN L. ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CASANUEVA, Judge.
Mr. Anderson raises two issues in this appeal. First, he contends the trial court improperly revoked his probation. After reviewing the record and supplemental record filed in this case, we conclude that the trial court acted properly and, accordingly, affirm the revocation.
Second, Mr. Anderson contends that the Florida Sexual Predator Act, as codified at section 775.21(4), Florida Statutes (1997), does not apply to him because his underlying offense took place on September 24, 1991, before the statute’s effective date. We agree. See Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999) (holding that the Florida Sexual Predator Act does not apply to offenses occurring before October 1, 1993, the act’s effective date); § 775.21(4)(a), Fla. Stat. (1997). Accordingly, Mr. Anderson’s sexual predator designation must be stricken.
Affirmed in part; reversed in part with instructions to strike the improperly imposed designation.
PARKER, A.C.J., and GREEN, J„ Concur.
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Dennis v. State, 32 So. 3d 79 (Fla. 2d DCA 2009)…own as the Florida Sexual Predators Act, only authorizes the imposition of the sexual predator designation for offenses committed on or after the Act’s effective date of October 1, 1993. See ch. 93-277, § 1, at 2624, Laws of Fla.; Anderson v. State, 774 So. 2d 719, 719 (Fla. 2d DCA 2000); Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999), receded from on other grounds in King, 911 So. 2d at 233. The State charged Mr. Dennis with committing his offenses during a thirteen-month period that includes dates both be…
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Davis v. State, 237 So. 3d 416 (Fla. 4th DCA 2018)…ugh we affirm the defendant's conviction and twenty-year sentence, we remand with instructions for the trial court to correct the judgment and scoresheet to reflect the conviction for aggravated assault as a third degree felony. See Broome v. State, 774 So. 2d 719, 720 (Fla. 2d DCA 2000) (remanding for correction of the defendant's judgment and scoresheet where those documents “improperly reclassified his conviction for aggravated assault with a firearm from a third degree felony to a second degree felony bas…
Authorities Cited
- Wade v. State, 728 So. 2d 284 (Fla. 2d DCA 1999)
- Harrell v. State, 728 So. 2d 284 (Fla. 3d DCA 1999)