Anderson v. State

Full title: MORRIS K. ANDERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 27, 2006

Case No. 2D05-1459 (Fla. Dist. Ct. App. Jan. 27, 2006)

Opinion

Case No. 2D05-1459.

Opinion filed January 27, 2006.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Highlands County, Olin W. Shinholser, Judge.

ALTENBERND, Judge.

Morris K. Anderson appeals the denial of his motion for relief from judgment, filed pursuant to Florida Rule of Civil Procedure 1.540, which challenges his designation as a sexual predator. Although this court recently receded from its prior case law on this issue in King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005) (holding that challenges to a sexual predator designation should now be raised through a motion for postconviction relief), the trial court fully addressed Anderson's claims on the merits, whether considered as a rule 1.540 motion or as a motion for postconviction relief. Accordingly, we affirm the denial of Anderson's claim.

Affirmed.

CANADY, and LaROSE, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.