State v. McKenzie
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The Supreme Court quashed the decision of the Fifth District Court of Appeal concluding that the circuit court lacked jurisdiction to impose a sexual predator designation on an offender who qualified under the Florida Sexual Predators Act, Fla. Stat. 775.21, when the sentencing court did not impose the designation at sentencing and the offender's sentence had been completed, holding that the Fifth District erred.
In 2009, Defendant was sentenced to six months' incarceration, followed by two years of sex offender community control, followed by three years of sex offender probation. In 2015, Defendant completed all portions of his sentence. In 2018, the State filed a notice stating that Defendant's original offense was an enumerated offense under section 775.21, thus obligating the trial court to designate Defendant as a sexual predator. The trial court determined that Defendant must comply with the registration requirements because section 775.21 placed an obligation on the court to designate Defendant as a sexual predator. The Fifth District reversed. The Supreme Court reversed, holding that section 775.21 confers jurisdiction on a trial court to designate a sexual predator after he is sentenced and completes his probation.
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