Legal Opinion

Lester v. State

District Court of Appeal of Florida

Decided November 4, 2009No. 4D08-713Published

1Opinion of the CourtDamoorgian, J.

The Appellant, Earl Western Lester, appeals his judgment of conviction and sentence for lewd or lascivious molestation and his designation as a sexual predator. We affirm his conviction and sentence without discussion. However, we reverse his designation as a sexual predator because he does not meet the criteria for such a designation. See, e.g., Ealum v. State, 943 So.2d 994, 995 (Fla. 1st DCA 2006); Hickey v. State, 915 So.2d 663, 663-64 (Fla. 2d DCA 2005); State v. Bouchil-lon, 882 So.2d 412, 412-13 (Fla. 4th DCA 2004). On remand, the trial court shall vacate the order designating the…

2Cases cited3 opinions

  1. Hickey v. StateDistrict Court of Appeal of Florida · 2005
  2. Ealum v. StateDistrict Court of Appeal of Florida · 2006
  3. State v. BouchillonDistrict Court of Appeal of Florida · 2004

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