Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002). · Go Syfert
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Garcia v. State, 827 So. 2d 1102 (Fla. 2d DCA 2002). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Nicholas v. State (fladistctapp, 2003-05-16)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Nicholas v. State
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Garcia v. State, 827 So.2d 1102 (Fla. 2d DCA 2002).
cited Cited "see, e.g." King v. State
Fla. Dist. Ct. App. · 2005 · signal: see, e.g. · confidence low
See, e.g., Garcia v. State, 827 So.2d 1102 (Fla. 2d DCA 2002).
Retrieving the full opinion text from the archive…
Lionardo GARCIA, Appellant,
v.
STATE of Florida, Appellee.
2D01-4900.
District Court of Appeal of Florida, Second District.
Oct 16, 2002.
827 So. 2d 1102
Altenbernd.
Cited by 3 opinions  |  Published

Lionardo Garcia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Lionardo Garcia pleaded guilty to committing a lewd and lascivious act pursuant to section 800.04(2), Florida Statutes (1999). The trial court sentenced Mr. Garcia to five years' imprisonment. At the plea hearing, the court made no mention of designating Mr. Garcia a sexual predator. After Mr. Garcia was incarcerated, the Department of Corrections sent a letter to the court indicating that Mr. Garcia might be eligible for a sexual predator designation. A hearing was held on October 18, 2001, in which Mr. Garcia was incorrectly designated as a sexual predator. Mr. Garcia appeals the order designating him as a sexual predator.

Under section 775.21(4)(c)(1)(c), Florida Statutes (Supp.1998), where the violation of section 800.04(02) is a second-degree felony, in order for the sexual predator designation to apply, the defendant must have a previous conviction with or without an adjudication of certain enumerated offenses. The State admits that Garcia does not have any prior convictions and that it was reversible error to designate him as a sexual predator. We reverse and remand to the trial court to remove the sexual predator designation.

Reversed and remanded.

SALCINES and STRINGER, JJ., Concur.