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985 So. 2d 1223

Docket No. 3D07-2758.

Baez v. State

Julio BAEZ, Appellant, v. The STATE of Florida, Appellee.

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District Court of Appeal of Florida · decided 2008-07-16

Cited by 1 later decisions — most recently March 2018

1 state decisions

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Decided 2008-07-16

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¶1*1224 Julio Baez, in proper person.

¶2Bill McCollum, Attorney General, and Lane Hodes, Assistant Attorney General, for appellee.

¶3Before GERSTEN, C.J., and SHEPHERD and LAGOA, JJ.

¶4LAGOA, Judge.

¶5Appellant Julio Baez ("Baez") appeals from the trial court's order denying his Motion to Strike the State's Motion to Declare Defendant a Sexual Predator Offender pursuant to section 775.21, Florida Statutes (2007). Because we find that this is a non-final, non-appealable order, we dismiss the appeal for lack of jurisdiction.

¶6Baez pled guilty to four counts of sexual battery on a minor by an adult and pled guilty to two counts of lewd and lascivious molestation on a child under twelve. Prior to the sentencing hearing, the State filed a motion to declare defendant a sexual predator offender pursuant to section 775.21, Florida Statutes (2007). The trial court sentenced Baez to ten years in state prison, and also declared Baez a sexual predator pursuant to section 775.21. Subsequent to his sentencing, Baez filed his Motion to Strike. In addition to requesting that the trial court strike the State's motion, Baez requested, in the alternative, that the trial court convert the proceedings to a civil matter pursuant to Florida Rule of Civil Procedure 1.540, or grant him leave to file a Rule 3.850 motion in order to challenge the guilty plea. The trial court denied Baez's motion and this appeal followed.

¶7Because the order on appeal does not fall within any of the enumerated categories of appealable non-final orders found in Florida Rule of Appellate Procedure 9.130 or 9.140(b), we dismiss the appeal for lack of jurisdiction.

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