Legal Opinion

State v. Burgess

District Court of Appeal of Florida

Decided July 2, 2015No. 5D15-1967Published

1Opinion of the CourtEdwards, J.

The State of Florida petitions this Court, seeking a writ of mandamus to compel the trial court to designate Cameron Burgess (“Respondent”), an out-of-state parolee who moved to Florida from Indiana, as a sexual predator. We dismiss the petition because the State failed to follow the procedures set forth in section 775.21(5)(a)3, Florida Statutes (2014), in the lower court and because the State seeks to compel a discretionary or judgmental function, namely requiring the trial court to rule in a certain way.

On April 4, 2015, the State filed a Motion for Sexual Predator Designation in the trial…

2Cases cited6 opinions

  1. Puckett v. GentryDistrict Court of Appeal of Florida · 1991
  2. Holden Cove, Inc. v. 4 Mac Holdings, Inc.District Court of Appeal of Florida · 2007
  3. Lakeshore Townhomes Condominium Ass'n v. BushDistrict Court of Appeal of Florida · 1995
  4. Henderson v. CrosbyDistrict Court of Appeal of Florida · 2005
  5. Bishop v. StateDistrict Court of Appeal of Florida · 2010

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