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BUTLER v. STATE

No. 4D03-3095.

923 So.2d 566 (2006)

Otis BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

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

WARNER, J.

Otis Butler pled guilty to sexual battery on a person less than twelve years of age by a person eighteen years of age or older. Butler was sentenced to fifteen years in prison plus ten years' probation for the offense. After sentencing, the state moved to declare Butler a sexual predator pursuant to section 775.21, Florida Statutes (2002). In response, Butler moved the court to declare the statute unconstitutional, arguing that it violated his right to...

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