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890 So. 2d 1257

Braudaway v. State

District Court of Appeal of Florida

Decided January 19, 2005

District Court of Appeal of Florida · decided 2005-01-19

Relies on 859 So. 2d 495 - Rivera v. State · 855 So. 2d 1281 - Espindola v. State · Milks v. State

Decided 2005-01-19

DAVIS, Judge.

¶1Leonard Braudaway challenges his designation as a sexual predator, arguing that the Florida Sexual Predator’s Act1 (“the Act”) is unconstitutional. In support of his argument, Braudaway cites Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003), review granted by Milks v. State, 881 So.2d 1113 (Fla.2004).

¶2However, this court has addressed this issue in Milks v. State, 848 So.2d 1167 (Fla. 2d DCA), review granted, 859 So.2d 514 (Fla.2003), concluding that the Act is constitutional. Accordingly, we affirm and certify conflict with Espindola, 855 So.2d 1281.

¶3Affirmed; conflict certified.

ALTENBERND, C.J., and WALLACE, J., Concur.

¶4. § 775.21, Fla. Stat. (2000).

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