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Bauder v. State

District Court of Appeal of Florida, Third District
Jun 25, 2008
983 So. 2d 1244 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D07-84.

June 25, 2008.

An Appeal from the Circuit Court for Miami-Dade County, Mark King Leban, Judge.

Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Lisa A. Davis, Assistant Attorney General, for appellee.

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


Bauder appeals from a final order of probation revocation and sentence designating him a sexual offender. Because the State concedes that Bauder does not qualify for sexual offender designation under section 943.0435(1)(a)1.a.-b., Florida Statutes (2006), we reverse the sentence and remand for the trial court to strike the sexual offender designation from the written sentencing order. Bauder's presence is not required for this ministerial function. See Hinson v. State, 967 So.2d 424 (Fla. 1st DCA 2007).

Reversed and remanded for resentencing.


Summaries of

Bauder v. State

District Court of Appeal of Florida, Third District
Jun 25, 2008
983 So. 2d 1244 (Fla. Dist. Ct. App. 2008)
Case details for

Bauder v. State

Case Details

Full title:Gary BAUDER, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 25, 2008

Citations

983 So. 2d 1244 (Fla. Dist. Ct. App. 2008)

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Because it is a ministerial act, the appellant need not be present. See Bauder v. State, 983 So.2d 1244 (Fla.…