Summerall v. State

District Court of Appeal of Florida

Summerall v. State

880 So. 2d 714, 2004 Fla. App. LEXIS 6238, 2004 WL 947841

District Court of Appeal of Florida·Decided May 5, 2004·No. No. 2D03-3777·Published·Cited by 1 cases

Opinion

DAVIS, Judge.

Robert F. Summerall challenges his designation as a sexual predator under the Florida Sexual Predators Act (“the Act”), section 775.21, Florida Statutes (2003). He argues that the Act is unconstitutional as a violation of procedural due process. We affirm. See Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003). In so doing, we certify conflict with the Third District’s opinion in Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003).

Affirmed; conflict certified.

NORTHCUTT and VILLANTI, JJ., concur.

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DAVIS, Judge.

Robert F. Summerall challenges his designation as a sexual predator under the Florida Sexual Predators Act (“the Act”), section 775.21, Florida Statutes (2003). He argues that the Act is unconstitutional as a violation of procedural due process. We affirm. See Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003). In so doing, we certify conflict with the Third District’s opinion in Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003).

Affirmed; conflict certified.

NORTHCUTT and VILLANTI, JJ., concur.

Summerall v. State, 880 So. 2d 714, 2004 Fla. App. LEXIS 6238, 2004 WL 947841 (Fla. Ct. App. 2004).

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