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3rd DCA ROUNDUP -The Long Arm of the Law edition

By "Captain Liberty" and "Rumpole"

You are arrested. You are convicted. You are sentenced to prison. You serve your time. You get out. Query: Can the State haul you back into court and impose more sanctions upon you? Answer: You bet your sweet 3rd DCA they can if you were convicted of a sex crime. That's precisely what occurred to Mr. Cuevas in Cuevas v. State when the sentencing court forgot to impose sexual predator sanctions at the time of sentencing even though the operative statute mandates that the court do so, and even though, as Judge Shepherd points out in his dissent, the operative statute has no provision to do what the trial court did and the 3rd DCA affirmed. Judge Shepherd wrote:The issue in this case is whether the State of Florida can haul a sexual predator back into court, after he has completed his entire sentence, to declare him a sexual predator as defined by section 775...continue to full post

Full post as published by Justice Building Blog on March 31, 2010 (boomark / email).