Braudaway v. State

District Court of Appeal of Florida

Braudaway v. State

890 So. 2d 1257, 2005 Fla. App. LEXIS 265, 2005 WL 280325

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 2005

DocketNo. 2D02-3959

StatusPublished

Cited by1 cases

This text of 890 So. 2d 1257 (Braudaway v. State) 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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Braudaway v. State, 890 So. 2d 1257, 2005 Fla. App. LEXIS 265, 2005 WL 280325 (Fla. Ct. App. 2005).

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Opinion

DAVIS, Judge.

Leonard Braudaway challenges his designation as a sexual predator, arguing that the Florida Sexual Predator’s Act¹ (“the Act”) is unconstitutional. In support of his argument, Braudaway cites Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003), review granted by Milks v. State, 881 So.2d 1113 (Fla.2004).

However, this court has addressed this issue in Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003), concluding that the Act is constitutional. Accordingly, we affirm and certify conflict with Espindola, 855 So.2d 1281.

Affirmed; conflict certified.

ALTENBERND, C.J., and WALLACE, J., Concur.

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DAVIS, Judge.

Leonard Braudaway challenges his designation as a sexual predator, arguing that the Florida Sexual Predator’s Act¹ (“the Act”) is unconstitutional. In support of his argument, Braudaway cites Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003), review granted by Milks v. State, 881 So.2d 1113 (Fla.2004).

However, this court has addressed this issue in Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003), concluding that the Act is constitutional. Accordingly, we affirm and certify conflict with Espindola, 855 So.2d 1281.

Affirmed; conflict certified.

ALTENBERND, C.J., and WALLACE, J., Concur.

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890 So. 2d 1257, 2005 Fla. App. LEXIS 265, 2005 WL 280325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braudaway-v-state-fladistctapp-2005.

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