LEROY JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, J.
Leroy Johnson entered pleas of nolo contendere to sexual battery on a child, attempted sexual battery on a child, and sexual battery on a child by a person in familial or custodial authority. He now challenges the trial court’s order declaring him to be a sexual predator, contending that the Florida Sexual Predators Act, section 775.21, Florida Statutes (2003), is unconstitutional as violating procedural due process. We affirm, as we have previously rejected due process challenges to the Florida Sexual Predators Act. See Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004). As we have before, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), which held that the Florida Sexual Predators Act is unconstitutional because it violates procedural due process. AFFIRMED; CONFLICT CERTIFIED.
GRIFFIN and THOMPSON, JJ., concur.
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State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)…this issue has already been decided. See Milks v. State, 894 So. 2d 924 (Fla.2005); Hanson v. State, 905 So. 2d 1036 (Fla. 5th DCA 2005), rev. den., 917 So. 2d 193 (Fla.2005); Linderman v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Johnson v. State, 875 So. 2d 1281 (Fla. 5th DCA 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004); Garcia v. State, 909 So. 2d 971, 972 (Fla. 3d DCA 2005); Smith v. State, 871 So. 2d 296, 297 (Fla. 1st DCA 2004); Doe v.…
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Newingham v. State, 881 So. 2d 83 (Fla. 5th DCA 2004)…gham contends that the statute is unconstitutional because it violates the right to procedural due process. We affirm because we have held the statute constitutional. Metaxotos v. State, 876 So. 2d 1261 (Fla. 4th DCA July 7, 2004); Johnson v. State, 875 So. 2d 1281 (Fla. 5th DCA July 2, 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004). As we have done previously, we certify conflict with Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003). AF…
Authorities Cited
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004)
- Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004)