Florida District Courts of Appeal, 1999

State v. Townsend

State v. Townsend
Florida District Courts of Appeal · Decided February 12, 1999 · Altenbernd, Parker, Whatley
728 So. 2d 289; 1999 Fla. App. LEXIS 1359; 1999 WL 68795 (Southern Reporter, Second Series)

State v. Townsend

Opinion of the Court

PER CURIAM.

The State appeals the trial court’s decision not to classify Anthony Townsend as a sexual predator for an offense of handling and fondling a child in July 1996. See § 775.21, Fla. Stat. (Supp. 1996). The trial court made this decision because his prior sexual offense was an attempt. After the trial court entered its order, this court ruled that an attempt could be a qualifying offense. See Johnson v. State, 716 So.2d 332 (Fla. 2d DCA 1998). Accordingly, we reverse and remand for the limited purpose of reconsidering whether Mr. Townsend qualifies as a sexual predator.

Reversed and remanded for further proceedings consistent with this opinion.

PARKER, C.J., and ALTENBERND and WHATLEY, JJ., Concur.

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