Jacksonville Criminal Defense Lawyer Blog
A recent case before the 2nd DCA was ruled upon on June 1, 2012. The case, Shawn D. Almond v. State of Florida, reviewed the issue of delayed designation of the Defendant as a “sexual predator.” The Court waited over 12 years before filing the motion to designate the Defendant as a “sexual predator.”
The facts are simple. The Defendant was charged with sexual battery with force and burglary with assault back in 1996. In 1998, he plead out to the two charges and received 12 years incarceration and 5 years of probation. In 2010, Almond was released from State Prison. He was on probation for the following two years when the State filed a motion to designate him as a “sexual predator.” The Defendant was subsequently designated a “sexual predator” following a hearing. The Defendant now appeals that designation.
The issue before the court is whether the State can file such a motion after so much time has passed following the sentencing of the Defendant. Designation as a sexual predator is defined under Florida Statute §775.21 (4)(c)(1)(a). In this case, Almond clearly fits within the statutory confines as a sexual predator. However, Almond contends the delay in designation would therefore bar the state from filing such a motion. However, Florida Statute § 775.21(5)(a)(2) allows the State to bring such a motion when information obtains qualifies an offender as a sexual predator.
Therefore, the State was permitted to bring such a motion upon obtaining information that the offender fit the statutory definition of a Sexual Predator. Furthermore, the Court still had jurisdiction over the Defendant due to his current probation. However, if the Court did not have jurisdiction (i.e. no Probation) the result could have been different. See Cuevas v. State 31 So. 3d (Fla. 3d DCA 2010).