Hughes v. State

District Court of Appeal of Florida

Hughes v. State

967 So. 2d 968, 2007 Fla. App. LEXIS 15918, 2007 WL 2935587

District Court of Appeal of Florida·Decided October 10, 2007·No. No. 4D07-3240·Published

Opinion

PER CURIAM.

Petitioner seeks mandamus relief to require the trial judge to remove the designation of petitioner as a sexual offender as the judge originally ordered at sentencing. Since petitioner was convicted of an of[969] fense for which sexual offender designation is mandatory, the trial court had no authority to exempt a qualifying person from such designation. § 775.24, Fla. Stat. (2003). Mandamus relief is available only to require performance of legally authorized acts and thus cannot be invoked in this case. See, e.g., Rodriguez v. Smith, 673 So.2d 559 (Fla. 3d DCA 1996).

Petition denied.

SHAHOOD, C.J., WARNER and KLEIN, JJ., concur.

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PER CURIAM.

Petitioner seeks mandamus relief to require the trial judge to remove the designation of petitioner as a sexual offender as the judge originally ordered at sentencing. Since petitioner was convicted of an of[969] fense for which sexual offender designation is mandatory, the trial court had no authority to exempt a qualifying person from such designation. § 775.24, Fla. Stat. (2003). Mandamus relief is available only to require performance of legally authorized acts and thus cannot be invoked in this case. See, e.g., Rodriguez v. Smith, 673 So.2d 559 (Fla. 3d DCA 1996).

Petition denied.

SHAHOOD, C.J., WARNER and KLEIN, JJ., concur.

Hughes v. State, 967 So. 2d 968, 2007 Fla. App. LEXIS 15918, 2007 WL 2935587 (Fla. Ct. App. 2007).

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Opinion

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