Opinion
No. 97-00659
Opinion filed February 12, 1999.
Appeal from the Circuit Court for Pinellas County; Nelly N. Khouzam, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellee.
The State appeals the trial court's decision not to classify Anthony Townsend as a sexual predator for an offense of handling and fondling a child in July 1996. See § 775.21, Fla. Stat. (Supp. 1996). The trial court made this decision because his prior sexual offense was an attempt. After the trial court entered its order, this court ruled that an attempt could be a qualifying offense. See Johnson v. State, 716 So.2d 332 (Fla. 2d DCA 1998). Accordingly, we reverse and remand for the limited purpose of reconsidering whether Mr. Townsend qualifies as a sexual predator.
Reversed and remanded for further proceedings consistent with this opinion.
PARKER, C.J., and ALTENBERND and WHATLEY, JJ., Concur.