5D03-2073 Paul Rickman v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2073

Case Date: 04/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

PAUL D. RICKMAN, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed April 30, 2004 3.850 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge. Paul D. Rickman, Bristol, pro se. No appearance for Appellee. CASE NO. 5D03-2073

PER CURIAM. Paul D. Rickman appeals his designation as a sexual predator pursuant to section 775.21, Florida Statutes (2002), Florida's Sexual Predator Act, ("FSPA"). Rickman relies on Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), in support of his allegation that the FSPA violates procedural due process by not providing a hearing before classifying a defendant as a sexual predator. All of the other district courts have disagreed with Espindola and have certified conflict as we do now in the instant case. See Martin v. State , 864 So. 2d 589 (Fla. 5th DCA 2004); Frazier v. State , 29 Fla. L.Weekly D369 (Fla. 1st DCA Feb. 6, 2004); Miller v. State , 861 So.

2d 1283 (Fla. 5th DCA 2004); Reyes v. State, 855 So. 2d 816 (Fla. 4th DCA 2003); Milks v. State , 848 So. 2d 1167 (Fla. 2d DCA 2003), rev. granted, 859 So. 2d 514 (Fla. 2003). See also Connecticut Dep't of Public Safety v. Doe, 538 U.S. 1 (2003). The designation is affirmed. AFFIRMED; CONFLICT CERTIFIED.

PETERSON, PALMER and ORFINGER, JJ., concur.

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