Smeltz v. State

818 So.2d 538 (2002)

Richard Wade SMELTZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-2458.

District Court of Appeal of Florida, Second District.

January 18, 2002.

NORTHCUTT, Judge.

In December 1999 Richard Wayne Smeltz received a twenty-four-month prison sentence after pleading to a charge of committing a lewd act in the presence of a child. When sentencing Smeltz, the trial court designated him as a sexual predator. Just under a year later, Smeltz filed a petition for relief from the designation because his prior offense, a misdemeanor, did not satisfy the statutory requisites for sexual…