Summary
In Benitez v. State, 667 So.2d 476 (Fla. 3d DCA 1996), the Third District Court held that the sexual predator designation was a collateral consequence of the guilty plea and the court was not required to advise the defendant of this consequence during the plea colloquy.
Summary of this case from Collie v. StateOpinion
No. 95-3052.
January 31, 1996.
An appeal from the Circuit Court for Dade County, Sidney B. Shapiro, Judge.
Sigifredo Benitez, in pro. per.
Robert A. Butterworth, Attorney General, and Cynthia A. Greenfield, Assistant Attorney General, for appellee.
Before JORGENSON, COPE and GREEN, JJ.
Sigifredo Benitez appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. He contends that in the plea colloquy in which he pled guilty to two counts of attempted capital sexual battery and one count of kidnapping, he should have been advised that he would thereby become subject to the Florida Sexual Predators Act and its registration requirements. See §§ 775.21-.23, Fla. Stat. (1993). We conclude that this was a collateral consequence of the plea which was not required to be covered in the plea colloquy. See State v. Will, 645 So.2d 91, 94-95 (Fla. 3d DCA 1994); Polk v. State, 405 So.2d 758, 761-62 (Fla. 3d DCA 1981).
Affirmed.