Weckesser v. State

District Court of Appeal of Florida

Weckesser v. State

200 So. 3d 104, 2015 Fla. App. LEXIS 18486, 2015 WL 8483822

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 2015

DocketNo. 5D15-1385

StatusPublished

This text of 200 So. 3d 104 (Weckesser 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

Weckesser v. State, 200 So. 3d 104, 2015 Fla. App. LEXIS 18486, 2015 WL 8483822 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We affirm the summary denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence, except as to one claim. As the State concedes, Appellant’s designation as a sexual predator must be vacated if the underlying offense was committed prior to October 1, 1993. See, e.g., Lowery v. State, 98 So.3d 163, 164-65 (Fla. 1st DCA 2012) (holding that sexual predator designation is improper where offense for which Appellant was convicted occurred prior to October 1, 1993, which is the effective date of Florida’s Sexual Predator Act; error to summarily deny rule 3.800(a) motion to correct illegal sentence without attaching portions of the record conclusively demonstrating that Appellant’s crimes were committed after October 1,1993).

Accordingly, we reverse and remand for the trial court to attach portions of the record conclusively demonstrating that the date of Appellant’s offense was on or after October 1, 1993, or to strike the Appellant’s sexual predator designation.

AFFIRMED, in part; REVERSED, in part; REMANDED.

SAWAYA, TORPY and EVANDER, JJ., concur.

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PER CURIAM.

We affirm the summary denial of Appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence, except as to one claim. As the State concedes, Appellant’s designation as a sexual predator must be vacated if the underlying offense was committed prior to October 1, 1993. See, e.g., Lowery v. State, 98 So.3d 163, 164-65 (Fla. 1st DCA 2012) (holding that sexual predator designation is improper where offense for which Appellant was convicted occurred prior to October 1, 1993, which is the effective date of Florida’s Sexual Predator Act; error to summarily deny rule 3.800(a) motion to correct illegal sentence without attaching portions of the record conclusively demonstrating that Appellant’s crimes were committed after October 1,1993).

Accordingly, we reverse and remand for the trial court to attach portions of the record conclusively demonstrating that the date of Appellant’s offense was on or after October 1, 1993, or to strike the Appellant’s sexual predator designation.

AFFIRMED, in part; REVERSED, in part; REMANDED.

SAWAYA, TORPY and EVANDER, JJ., concur.

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Bluebook (online)

200 So. 3d 104, 2015 Fla. App. LEXIS 18486, 2015 WL 8483822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weckesser-v-state-fladistctapp-2015.

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