Kenyatta A. Heath v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: November 15, 2023
• Docket: 2022-1416
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 15, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-1416 Lower Tribunal No. F96-22261A ________________

Kenyatta A. Heath, Appellant,

vs.

The State of Florida, Appellee.

An appeal conducted pursuant to Anders v. California, 386 U.S. 738 (1967), from the Circuit Court for Miami-Dade County, Diana Vizcaino, Judge.

Kenyatta A. Heath, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before EMAS, HENDON and BOKOR, JJ.

PER CURIAM. Affirmed. See § 943.0435(12), Fla. Stat. (2023) (“The designation of a

person as a sexual offender is not a sentence or a punishment but is simply

the status of the offender which is the result of a conviction for having

committed certain crimes.”); State v. Brena, 278 So. 3d 850, 854-55 (Fla. 3d

DCA 2019) (“We observe that Mr. Brena's motion to delete the registration

requirement was not brought pursuant to either rule 3.800 or 3.850. Nor

could it properly be considered by the trial court as a rule 3.800(a) or 3.850

motion for it is well-settled that the sexual offender registration requirement

is not punishment and is not part of a sentence.”); State v. Whitt, 96 So. 3d

1125, 1126 (Fla. 5th DCA 2012) (affirming denial of defendant’s motion,

which sought the removal of his name from FDLE’s Sexual Offender

Registry, and holding: “Because the sexual offender designation was not part

of the plea or sentence, the circuit court did not have jurisdiction to consider

this matter.”).