Lowery v. State

The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of all but one of the appellant’s claims. For the reasons discussed below, we reverse and remand the denial of appellant’s claim that his sexual predator designation is illegal.

In September of 2001, pursuant to a negotiated plea, the appellant was convicted of attempted capital sexual battery and lewd and lascivious conduct and was sentenced to thirty years’ imprisonment to be followed by fifteen years on probation. The appellant was…