Lupianez v. State

CANADY, Judge.

In this judgment and sentence appeal, Wilson Lupianez challenges the trial court’s designation of him as a sexual predator pursuant to section 775.21(4)(a)(l), Florida Statutes (2003). Because Lupia-nez did not qualify for sexual predator designation under the pertinent statutory provisions, we reverse the sexual predator designation.

Lupianez pleaded guilty to sexual battery in violation of section 794.011(5), Florida Statutes (2003), a second-degree felony. The trial judge withheld adjudication, designated Lupianez a sexual predator, and sentenced him to five years’ probation…