Andrew Olan Noell v. State of Florida

District Court of Appeal of Florida

Andrew Olan Noell v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 2016

Docket15-5352

StatusPublished

This text of Andrew Olan Noell v. State of Florida (Andrew Olan Noell v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Andrew Olan Noell v. State of Florida, (Fla. Ct. App. 2016).

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Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

ANDREW OLAN NOELL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-5352

STATE OF FLORIDA,

Appellee.

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Opinion filed June 3, 2016.

An appeal from an order of the Circuit Court for Alachua County. Mark W. Moseley, Judge.

Gilbert A. Schaffnit, Gainesville, for Appellant.

Pamela Jo Bondi, Attorney General, and Jillian H. Reding and Trisha Meggs Pate, Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

We affirm, in part, the denial of the appellant’s motion to correct illegal

sentence. However, we remand for the trial court to strike the appellant’s

designation as a sexual offender for count II (unlawful use of a two-way

communications device) on the written judgment and sentence, as that offense does

not qualify for sexual offender designation under section 943.0435(1)(a)1., Florida Statutes (2012). Because it is a ministerial act, the appellant need not be present.

See Bauder v. State, 983 So. 2d 1244 (Fla. 3d DCA 2008).

AFFIRMED in part; REMANDED in part with directions.

ROBERTS, C.J., LEWIS and RAY, JJ., CONCUR.

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