09-5792 STATE OF FLORIDA, .v CLIFFORD EUGENE CUTWRIGHT

State: Florida

Court: Florida First District Court

Docket No: 09-5792

Case Date: 07/30/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE OF FLORIDA, Appellant, v. CLIFFORD EUGENE CUTWRIGHT, Appellee. _____________________________/ Opinion filed July 30, 2010. An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge. Bill McCollum, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellant. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-5792

ROWE, J., The State appeals the trial court's order granting Clifford Cutwright's motion to dismiss the information against him. The information charged Mr. Cutwright with failure to comply with the residence registration requirements of

section 775.261, Florida Statutes, The Florida Career Offender Registration Act (the Act). The trial court dismissed the information based on its finding that Mr. Cutwright was not required to register under the Act because he lacked a permanent or temporary residence. The court rejected the State's argument that irrespective of whether Mr. Cutwright was homeless, he was required to register any changes in his residence pursuant to section 775.261(4)(d) of the Act. We agree with the State's argument and reverse the trial court's order. We review the trial court's order granting a motion to dismiss under the de novo standard. State v. Sholl, 18 So. 3d 1158, 1160 (Fla. 2009). On April 25, 2003, Mr. Cutwright was deemed a habitual violent felony offender. Habitual violent felony offenders are career offenders subject to registration under the Act.

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