Florida District Courts of Appeal, 1999

Kelly v. State

Kelly v. State
Florida District Courts of Appeal · Decided December 14, 1999 · Davis, Joanos, Miner
745 So. 2d 1126; 1999 Fla. App. LEXIS 16700; 1999 WL 1136650 (Southern Reporter, Second Series)

Kelly v. State

Opinion of the Court

PER CURIAM.

Timothy Jay Kelly appeals an order of the trial court finding him to be a sexual predator pursuant to section 775.23(2), Florida Statutes (1993). The State concedes that, because Kelly’s offenses occurred ip 1991, the trial court erred in designating him a sexual predator because the statute states that it applies only to offenses occurring on or after October 1, 1993, See, e.g., Wade v. State, 728 So.2d 284 (Fla. 2d DCA 1999). Because we find merit to Kelly’s first claim, we do not address the other two issues. We therefore reverse and remand with directions that the trial court strike Kelly’s designation as a sexual predator.

JOANOS, MINER and DAVIS, JJ., CONCUR.

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