HENRY BERNARD VANN, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HENRY BERNARD VANN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-5978 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 31, 2012. An appeal from the Circuit Court for Gulf County. Peter Mallory, Judge. Lisa A. Anderson, Panama City, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant seeks review of the trial court s denial of his motion for removal of the sexual offender registration requirement. In order to qualify for removal of the registration requirement, appellant had to establish he was not more than 4 years older than the victim pursuant to section 943.04354(1)(c), Florida Statutes. Consistent with the prior decisions of our sister courts construing the plain language of the statute, we conclude the trial court properly denied appellant s motion because appellant was four years, three months, and ten days older than the victim. See State v. Welch, 94 So. 3d 631 (Fla. 2d DCA 2012); State v. Samuels, 76 So. 3d 1109 (Fla. 5th DCA 2011); State v. Marcel, 67 So. 3d 1223 (Fla. 3d DCA 2011). AFFIRMED. PADOVANO, MARSTILLER, and SWANSON, JJ., CONCUR. 2

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