Hughes v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 JONATHAN HUGHES, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D07-3240 [October 10, 2007] PER CURIAM. Petitioner seeks mandamus relief to require the trial judge to remove the designation of petitioner as a sexual offender as the judge originally ordered at sentencing. Since petitioner was convicted of an offense for which sexual offender designation is mandatory, the trial court had no authority to exempt a qualifying person from such designation. § 775.24, Fla. Stat. (2003). Mandamus relief is available only to require performance of legally authorized acts and thus cannot be invoked in this case. See, e.g., Rodriguez v. Smith, 673 So. 2d 559 (Fla. 3d DCA 1996). Petition denied. SHAHOOD, C.J., WARNER and KLEIN, JJ., concur. * * * Petition for writ of mandamus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 03-4875 CF10A. Jonathan Hughes, Orange Springs, pro se. No response required for respondent. Not final until disposition of timely filed motion for rehearing.

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