Brady v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DARRELL BRADY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-1335 Opinion filed June 7, 2002. Appeal from the Circuit Court for Pasco County; Craig C. Villanti, Judge. James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee. BLUE, Chief Judge. Darrell Brady challenges his designation as a sexual predator under section 775.21(4)(c), Florida Statutes (1999). He contends, and the State agrees, that the trial court erred because the civil designation as a sexual predator was not authorized by section 775.21(4)(c). An order designating a defendant a sexual predator is subject to direct appeal. See Downs v. State, 700 So. 2d 789 (Fla. 2d DCA 1997). Accordingly, we remand to the trial court with directions to strike the civil designation of sexual predator. Remanded with directions. CASANUEVA and SALCINES, JJ., Concur. -2-

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