Opinion
No. 5D03-2848.
December 10, 2004.
Appeal from the Circuit Court for Brevard County, W. David Dugan, Judge.
James B. Gibson, Public Defender, and Anne M. Reeves, Assistant Public Defender, Daytona Beach, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.
Walter William Moran appeals his convictions for two counts of lewd and lascivious molestation. We affirm his convictions and the trial court's order declaring Moran to be a sexual predator. Relying upon Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003), Moran alleges that his procedural due process rights were violated when he was designated a sexual predator. This court has previously held that the act is constitutional and does not violate a defendant's procedural due process rights. Rickman v. State, 871 So.2d 310 (Fla. 5th DCA 2004). We certify conflict with Espindola.
AFFIRMED. CONFLICT CERTIFIED.
SHARP, W., and GRIFFIN, JJ., concur.