Green v. State
Green v. State
Opinion of the Court
The appellant filed the instant rule 3.800(a) motion arguing that the trial court erred by sentencing him as a Sexual Predator. He claims that the attempted sexual battery occurred prior to the effective date of the Sexual Predators Act, section 775.21(4)(a), Florida Statutes, which states that the Sexual Predators Act applies to offenses committed on or after October 1, 1993. He asserts that the attempted sexu
In Lowery, the defendant complained that his Sexual Predator designation was improper because he was convicted of offenses that occurred prior to the effective date of the Sexual Predators Act. The information actually charged the defendant with committing offenses both before the effective date of the Act as well as after, as is the situation in the instant ease. This court reversed and remanded for the trial court to attach portions of the record conclusively demonstrating that the defendant’s crimes were committed after the Act’s effective date, or to strike the defendant’s Sexual Predator designation.
The State has conceded that the trial court failed to attach the portion of the record that conclusively refutes the appellant’s claim, and that the case should be reversed and remanded for record attachments refuting the claim.
Therefore, as in Lowery, we reverse and remand for the trial court to either attach the portion of the record that conclusively refutes the appellant’s claim, or, if no such documents exist, for the trial court to strike the appellant’s Sexual Predator designation.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.