Florida District Courts of Appeal, 2005

Hixon v. State

Hixon v. State
Florida District Courts of Appeal · Decided December 7, 2005 · Northcutt, Stringer, Villanti
917 So. 2d 225; 2005 Fla. App. LEXIS 20578; 2005 WL 3299880 (Southern Reporter, Second Series)

Hixon v. State

Opinion of the Court

VILLANTI, Judge.

Darin S. Hixon challenges the postcon-viction court’s order granting his motion for clarification filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm the postconviction court’s ruling on ground one without comment. In ground two of his motion, Hixon claims he does not have the requisite prior convictions to be ■ designated a sexual predator. The postconviction court failed to address this claim in its order. This court has recently held that a sexual predator designation is a matter that can be challenged by an appropriate postconviction motion. See King v. State, 911 So.2d 229 (Fla. 2d DCA 2005) (en banc). We therefore reverse and remand for the postconviction court to consider Hixon’s claim on the merits.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

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