NERY E. NAVAJERO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-12-01
No. 3D04-26
Before SCHWARTZ, C.J., and LEVY, J., and DAUKSCH, JAMES C„ Senior Judge.
888 So. 2d 144 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 4 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

Even assuming the correctness of our holding in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), appeal docketed, No. SC 03-2103 (Fla. Nov. 10, 2003)(argued Oct. 7, 2004), that the Florida Sexual Predator Act, section 775.21, Florida Statutes (1999), is unconstitutional, contra Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA 2003), review granted, 859 So. 2d 514 (Fla.2003)(argued Oct. 7, 2004); Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003); Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003); Zaveta v. State, 856 So. 2d 1058 (Fla. 5th DCA 2003), we find no merit in the present challenge to the validity of the quite different and less intrusive Sex Offender Registration Act, section 943.0435, Florida Statutes (2003). See Smith v. Doe, 538 U.S. 84, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003); Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 1, 123 S.Ct. 1160, 155 L.Ed.2d 98 (2003).

Affirmed.

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  • Mahlard K. Boyd v. State, 912 So. 2d 26 (Fla. 4th DCA 2005)
    …order to demonstrate ineffective assistance of counsel, Boyd must show that counsel’s performance was deficient and there was a reasonable probability that counsel’s deficient performance affected the outcome of the proceedings. See Beneby v. State, 888 So. 2d 144, 145 (Fla. 4th DCA 2004) (citing Strickland v. Wash [*28] ington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). Boyd has failed to meet his burden of demonstrating ineffective assistance of trial counsel and we therefore affirm the den…
  • Garcia v. State, 909 So. 2d 971 (Fla. 3d DCA 2005)
    …to register have] received “a procedurally safeguarded opportunity” to contest that fact. That is all that procedural due process requires. Milks v. State, 894 So. 2d 924, 927-28 (Fla.2005) (citations and footnotes omitted); see Navarro v. State, 888 So. 2d 144, 144 (Fla. 3d DCA 2004)(finding no.merit to a due process challenge to section 943.0435). We also reject Garcia’s arguments that this provision violates his substantive due process rights and adopt the analysis set forth in Doe v. Moore, 410 F. 3d…

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