Lester v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 EARL WESTERN LESTER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-713 [November 4, 2009] DAMOORGIAN, J. The Appellant, Earl Western Lester, appeals his judgment of conviction and sentence for lewd or lascivious molestation and his designation as a sexual predator. We affirm his conviction and sentence without discussion. However, we reverse his designation as a sexual predator because he does not meet the criteria for such a designation. See, e.g., Ealum v. State, 943 So. 2d 994, 995 (Fla. 1st DCA 2006); Hickey v. State, 915 So. 2d 663, 663-64 (Fla. 2d DCA 2005); State v. Bouchillon, 882 So. 2d 412, 412-13 (Fla. 4th DCA 2004). On remand, the trial court shall vacate the order designating the Appellant a sexual predator. Affirmed in part; Reversed in part and Remanded with instructions. MAY and CIKLIN, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; S a n d r a K. McSorley, Judge; L.T. Case No. 06CF017174AMB . Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-
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