STATE OF FLORIDA, APPELLANT,
v.
LABAN JASPER EARWOOD, APPELLEE
STATE OF FLORIDA, APPELLANT,
LABAN JASPER EARWOOD, APPELLEE
871 So. 2d 310
Florida District Court of Appeal, Fifth District (2004)
Negative Treatment
Cited by 12 cases
Opinion of the Court
The state appeals from an order which dismissed the charge of failing to register as a convicted sex offender1 filed against Earwood. This appeal involves the same issue, the interpretation of the sexual offender registration statute, section 943.0435, Florida Statutes, which was addressed in State v. Mounce, 866 So. 2d 132 (Fla. 5th DCA 2004). Accordingly, we reverse and remand this case for further proceedings, pursuant to Mounce.
REVERSED and REMANDED.
GRIFFIN and MONACO, JJ„ concur. . § 943.0435(2), Fla. Stat. (2002).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Linderman v. State, 884 So. 2d 498 (Fla. 5th DCA 2004)…Sexual Predator Act to be unconstitutional on the basis that it fails to provide minimal due process. However, this court has held that the Act is constitutional and does not violate a defendant’s procedural due process rights. See Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004). The other district courts are in accord. See Allen v. State, 29 Fla. L. Weekly D892 (Fla. 2d DCA April 14, 2004); Frazier v. State, 29 Fla. L. Weekly D369 (Fla. 1st DCA Feb.6, 2004); Dejesus v. State, 862 So. 2d 847 (Fla. 4th DC…
-
Springer v. State, 874 So. 2d 719 (Fla. 5th DCA 2004)…(Fla.2002). As we agree with our sister court in this regard, we find no error. The final issue presented argues that Mr. Springer’s designation as a sexual predator violates his due process rights. We have addressed this issue in Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004), and have concluded that the designation does not offend due process. As we did in Rickman and Martin, however, we certify conflict with Espindo-la v. State, 855 So. 2d 1281 (F…
-
Sage v. State, 890 So. 2d 1277 (Fla. 5th DCA 2005)…s it violates procedural due process. However, contrary to Sage’s position and Espindola, this court has held that the Florida Sexual Predator Act is constitutional and does not violate a defendant’s procedural due process rights. Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004). Recently, in Moran v. State, 888 So. 2d 729 (Fla. 5th DCA 2004), this court followed Rickman and certified conflict with Espindola. See also Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004) (same). Accordingly, we affirm. A…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Redford Eugene Mounce, 866 So. 2d 132 (Fla. 5th DCA 2004)