State v. Colon
State v. Colon
Opinion of the Court
The State of Florida appeals from a trial court order denying its Motion to Declare the Defendant a Sexual Predator. We treat the appeal as a Petition for Writ of Certiorari. See State v. Galloway, 721 So.2d 1197, 1198 n. 1 .(Fla. 1st DCA 1998). We deny the Petition.
On or about October 25, 1999, the Defendant, who was a juvenile at the time,
In J.M. v. State, 783 So.2d 1204, 1206 (Fla. 1st DCA), rev. granted, 799 So.2d 219 (Fla. 2001), the First District reversed an order declaring the defendant a sexual predator and concluded that the provision in Section 985.233(4)(b), Florida Statutes, which excludes adjudications of delinquency from the definition of “conviction,” takes precedence in the case of a juvenile over the definition of “conviction” in Section 775.21(2)(e), which generally applies to all sexual offenders. Accordingly, we agree with the First District’s opinion in J.M. and, as the First District did in J.M., certify conflict with the opinion of the Second District in Payne v. State, 753 So.2d 129 (Fla. 2d DCA), rev. denied, 773 So.2d 56 (Fla. 2000), which reached a contrary result.
Petition denied, conflict certified.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.