PETER METAXOTOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Peter Metaxotos was convicted and sentenced for attempted first degree murder, armed burglary, and sexual battery with a deadly weapon in a 1998 prosecution. In this appeal from an order denying his motion for post-conviction relief, the defendant argues that his automatic designation as a sexual predator under Florida’s Sexual Predator Act, § 775.21, Fla. Stat., without a hearing on the actual risk of future offenses he poses, violates his procedural process rights. We affirm. See Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003). See also Frazier v. State 29 Fla. L. Weekly D369, — So. 2d -, 2004 WL 221043 (Fla. 1st DCA Feb.6, 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), rev. granted, 859 So. 2d 514 (Fla.2003). We certify conflict with the third district in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003).
POLEN, KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Newingham v. State, 881 So. 2d 83 (Fla. 5th DCA 2004)…pursuant to section 775.21(4)(a)(l)(a), Florida Statutes. Newingham 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 wi…
Authorities Cited
- Ferman Carlos Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003)
- Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003)
- Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003)
- Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004)