STOKES v. STATE

No. 4D01-3445.

855 So.2d 694 (2003)

Kenny STOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The state acknowledges that the order declaring Stokes a sexual predator under section 775.21, Florida Statutes, should be stricken. Stokes, guilty of a second-degree felony, is a first offender. The sexual predator designation requires that the defendant be adjudicated of a capital, life, or first-degree felony, or have had prior conviction, none of which apply here.

Therefore, we vacate the sexual predator designation and remand without prejudice...

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