Breitberg v. State

We reconsider this appeal from the denial of a rule 3.800(a) motion in which appellant challenged his sexual predator designation. We had originally affirmed the ruling in Breitberg v. State, 942 So.2d 439 (Fla. 4th DCA 2006), on the ground that a challenge to the sexual predator designation could not be made through a rule 3.800(a) motion, because the sexual predator designation was not a sentence, relying on Saintelien v. State, 937 So.2d 234 (Fla. 4th DCA 2006), aff'd on other grounds, 990 So.2d 494 (Fla.2008). We certified conflict with King v. State, 911 So.2d 229 (Fla. 2d DCA 2005), on…