Kensler v. State

Dennis Kensler appeals the dismissal of his motion to vacate his designation as a sexual predator, filed pursuant to Florida Rule of Criminal Procedure 3.850, on the ground that the statute on which it was based, section 775.21, Florida Statutes (2003), violates procedural due process, in that before he was so designated, no hearing was afforded him to determine whether his prior conviction of a sexual crime posed a danger to the public. Without reaching the merits, the lower court dismissed the motion as being procedurally barred in a post-conviction proceeding. The question of whether a…