5D04-4173 Charles Sage v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-4173

Case Date: 01/17/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

CHARLES E. SAGE, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 21, 1005 3.850 Appeal from the Circuit Court for Volusia County, Julianne Piggotte, Judge. Charles E. Sage, Zephyrhills, pro se. No Appearance for Appellee. Case No. 5D04-4173

PER CURIAM. Pursuant to a negotiated plea agreement, Charles E. Sage pled no contest to lewd and lascivious molestation. Post-sentencing, the trial court entered an order

classifying Sage as a sexual predator, which designation Sage challenged via a rule 3.850 motion. 1 Sage now appeals the trial court's order summarily denying his motion. We affirm. Sage seeks to have his sexual predator designation removed, arguing that the Florida Sexual Predator Act is unconstitutional and violates his procedural due process

Sage actually filed his motion pursuant to rule 3.800(a), but the trial court elected to treat it as one filed pursuant to rule 3.850.

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rights. For support, he relies upon the opinion of the Third District Court in Espindola v. State, 855 So. 2d 1281 (Fla. 3d DCA 2003), review granted sub nom. Milks v. State, 881 So. 2d 1113 (Fla. 2004), which held that the Florida Sexual Predator Act is unconstitutional as it violates procedural due process. However, contrary to Sage's position and Espindola, this court has held that the Florida Sexual Predator Act is constitutional and does not violate a defendant's procedural due process rights. Rickman v. State , 871 So. 2d 310 (Fla. 5th DCA 2004). Recently, in Moran v. State , 29 Fla. L. Weekly D2775 (Fla. 5th DCA Dec. 10, 2004), this court followed Rickman and certified conflict with Espindola . See also Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004) (same). Accordingly, we affirm. Again, we certify conflict with Espindola . AFFIRM and CERTIFY CONFLICT.

SAWAYA, C.J, GRIFFIN and PALMER, JJ., concur.

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