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Johnson v. State
Citations: 740 So. 2d 51; 1999 Fla. App. LEXIS 6845; 1999 WL 495599Docket: No. 98-02760
Court: District Court of Appeal of Florida; May 28, 1999; Florida; State Appellate Court
David Lee Johnson, Jr. appeals the trial court's designation of him as a sexual predator. The appellate court reverses this designation, citing insufficient record support. Johnson was charged with sexual battery as a minor and pleaded nolo contendere to attempted sexual battery, which was adjudicated as a first-degree felony. However, the court concludes that he actually pleaded to a second-degree felony due to a scrivener's error in the final judgment. The State argued there was confusion regarding the year of the offense, suggesting it occurred in 1996 when Johnson was 18, but acknowledged that the record lacks an amended information charging him with a capital felony or a plea agreement. Consequently, the appellate court determines Johnson does not meet the criteria for sexual predator designation and remands the case for the trial court to correct the final judgment to align with the plea agreement. The decision is reversed and remanded. Judges Fulmer and Salcines concur.