Clinton v. State

District Court of Appeal of Florida

Clinton v. State

57 So. 3d 262, 2011 Fla. App. LEXIS 3986, 2011 WL 1076999

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2011

Docket5D09-1080

StatusPublished

This text of 57 So. 3d 262 (Clinton 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.

Bluebook

Clinton v. State, 57 So. 3d 262, 2011 Fla. App. LEXIS 3986, 2011 WL 1076999 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Defendant appeals his sentences for ten counts of possession of material depicting sexual performance by a child, 1 one count of lewd and lascivious molestation of a child under twelve years of age, 2 and forty counts of promoting sexual performance by a child. 3 The trial court orally announced at sentencing its finding that Defendant is a sexual predator. We affirm the sentences and conclude that only two aspects of the sentences merit any discussion. First, we note that as to the forty counts of promoting sexual performance by a child, the fifteen-year sentences imposed for each count are concurrent to one another. Second, as to the oral finding that Defendant is a sexual predator, we remand this case to the trial court to make the necessary written findings in accordance with section 775.21(5)(a)l., Florida Statutes (2007).

AFFIRMED; REMANDED.

GRIFFIN, SAWAYA and PALMER, JJ., concur.

1

. § 827.071(5), Fla. Stat. (2007).

2

. § 800.04(5)(b), Fla. Stat. (2007).

3

. § 827.071(3), Fla. Stat. (2007).

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PER CURIAM.

Defendant appeals his sentences for ten counts of possession of material depicting sexual performance by a child, 1 one count of lewd and lascivious molestation of a child under twelve years of age, 2 and forty counts of promoting sexual performance by a child. 3 The trial court orally announced at sentencing its finding that Defendant is a sexual predator. We affirm the sentences and conclude that only two aspects of the sentences merit any discussion. First, we note that as to the forty counts of promoting sexual performance by a child, the fifteen-year sentences imposed for each count are concurrent to one another. Second, as to the oral finding that Defendant is a sexual predator, we remand this case to the trial court to make the necessary written findings in accordance with section 775.21(5)(a)l., Florida Statutes (2007).

AFFIRMED; REMANDED.

GRIFFIN, SAWAYA and PALMER, JJ., concur.

1

. § 827.071(5), Fla. Stat. (2007).

2

. § 800.04(5)(b), Fla. Stat. (2007).

3

. § 827.071(3), Fla. Stat. (2007).

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Bluebook (online)

57 So. 3d 262, 2011 Fla. App. LEXIS 3986, 2011 WL 1076999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinton-v-state-fladistctapp-2011.