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State v. Boyd

Florida Court of Appeals, Fifth District
Mar 4, 2022
No. 5D20-2196 (Fla. Dist. Ct. App. Mar. 4, 2022)

Opinion

5D20-2196

03-04-2022

STATE OF FLORIDA, Appellant, v. GREGORY ELDON BOYD, Appellee.

Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellant. Michael G. Nichola, Orlando, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Orange County, LT Case No. 2007-CF-015146 Gail A. Adams, Judge.

Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellant.

Michael G. Nichola, Orlando, for Appellee.

ON MOTION FOR REHEARING

PER CURIAM 1

We grant the State's motion for rehearing and withdraw our prior opinion affirming with citation to this court's decision in McKenzie v. State, 272 So.3d 808 (Fla. 5th DCA 2019).

We now reverse the trial court's order denying the State's motion to designate Gregory Eldon Boyd a sexual predator pursuant to section 775.21, Florida Statutes (2020). On remand, the trial court should reconsider the motion in light of our supreme court's pronouncement in State v. McKenzie, 46 Fla.L.Weekly S271, S273 (Fla. Sept. 23, 2021) ("We conclude that a circuit court has jurisdiction to impose a sexual predator designation on an offender who qualifies under section 775.21, when the sentencing court did not impose the designation at sentencing[.]").

REVERSED and REMANDED.

EISNAUGLE, NARDELLA and WOZNIAK, JJ., concur. 2


Summaries of

State v. Boyd

Florida Court of Appeals, Fifth District
Mar 4, 2022
No. 5D20-2196 (Fla. Dist. Ct. App. Mar. 4, 2022)
Case details for

State v. Boyd

Case Details

Full title:STATE OF FLORIDA, Appellant, v. GREGORY ELDON BOYD, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Mar 4, 2022

Citations

No. 5D20-2196 (Fla. Dist. Ct. App. Mar. 4, 2022)