State v. Boyd

333 So.3d 1198 (Mem)

STATE of Florida, Appellant,

v.Gregory Eldon BOYD, Appellee.

Case No. 5D20-2196

District Court of Appeal of Florida, Fifth District.

Opinion filed March 4, 2022

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.

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 , 331 So.3d 666, 673 (Fla. 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.