Carlos J. Acevedo v. State of Florida

I concur in result because I would follow the well-reasoned opinion of the Fifth District Court of Appeal in Durant v. State, 94 So.3d 669 (Fla. 5th DCA 2012), which properly analyzes whether a defendant’s prior conviction qualifies as an “offense under a former statutory designation which is similar in elements” for the purposes of the Dangerous Sexual Felony Offender Act, section 794.0115(2)(e), Florida Statutes (2005). Id. at 670. Contrary to the Fourth District’s decision below, I would conclude that Acevedo was improperly designated as a dangerous sexual felony offender (DSFO), based…