Noell v. State

District Court of Appeal of Florida

Noell v. State

193 So. 3d 1016, 2016 WL 3421475, 2016 Fla. App. LEXIS 8854

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 2016

DocketNo. 1D15-5352

StatusPublished

This text of 193 So. 3d 1016 (Noell 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

Noell v. State, 193 So. 3d 1016, 2016 WL 3421475, 2016 Fla. App. LEXIS 8854 (Fla. Ct. App. 2016).

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Opinion

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(l)(a)l., 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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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(l)(a)l., 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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Bluebook (online)

193 So. 3d 1016, 2016 WL 3421475, 2016 Fla. App. LEXIS 8854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noell-v-state-fladistctapp-2016.

Opinion

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