Best v. State
The Fifth DCA affirmed Best's sexual predator designation arising from his no-contest plea to conspiracy to commit sexual battery on a child under twelve, but did so solely because Best failed to preserve the specific legal argument he raised on appeal. In a specially concurring opinion, Judge Cohen explained that the Sexual Predators Act (section 775.21(4)(a)1.a.) designates only completed violations or 'attempts' of section 794.011, not conspiracies, and that conspiracy is a separate, distinct offense 'two steps removed' from the substantive crime.
Key facts
- Best pleaded no contest to conspiracy to commit sexual battery on a child under twelve and received a sexual predator designation at sentencing.
- At sentencing, Best's counsel objected to the sexual predator designation only on policy and equitable grounds, without arguing that conspiracy falls outside the statutory predicate offenses.
- +2 more key facts with a free trial
Why it matters
Although the panel affirmed on preservation grounds, the concurrence provides a roadmap for a potentially meritorious argument that conspiracy convictions cannot support sexual predator designation under section 775.21… — full analysis with a trial
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