Legal Opinion

McKenzie v. State

District Court of Appeal of Florida

Decided May 10, 2019No. Case No. 5D18-2206Published

1Opinion of the Court

EVANDER, C.J.,

Brian K. McKenzie appeals an order designating him as a sexual predator under section 775.21, Florida Statutes (2018). The order was entered after McKenzie had completed his sentence. We conclude that the trial court lacked jurisdiction to enter *809the order and, accordingly, reverse. In doing so, we certify conflict with Cuevas v. State , 31 So.3d 290 (Fla. 3d DCA 2010).

On October 28, 2009, McKenzie entered a nolo contendere plea to one count of engaging in sexual activity with a child while in a position of familial or custodial authority, in violation of section 794.011(8)(b),…

2Cases cited11 opinions

  1. Pardo v. StateSupreme Court of Florida · 1992
  2. Nader v. Florida Department of Highway Safety & Motor VehiclesSupreme Court of Florida · 2012
  3. Carbajal v. StateSupreme Court of Florida · 2011
  4. State v. HayesDistrict Court of Appeal of Florida · 1976
  5. State v. AndersonSupreme Court of Florida · 1989

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