5D03-2848 Walter Moran v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2848

Case Date: 12/06/2004

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

WALTER WILLIAM MORAN, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed December 10, 2004. Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge. James B. Gibson, Public Defender, and Anne M. Reeves, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, J. Walter William Moran appeals his convictions for two counts of lewd and lascivious molestation. We affirm his convictions and the trial court's order declaring Moran to be a sexual predator. Relying upon Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), Moran alleges that his procedural due process rights were violated when he was designated a sexual predator. This court has previously held that the act is constitutional and does not violate a defendant's procedural due process rights. Case No. 5D03-2848

Rickman v. State, 871 So. 2d 310 (Fla. 5th DCA 2004). Espindola. AFFIRMED. CONFLICT CERTIFIED.

We certify conflict with

SHARP, W., and GRIFFIN, JJ., concur.

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