STATE v. TOWNSEND (1999)

District Court of Appeal of Florida,Second District.

STATE of Florida, Appellant, v. Anthony TOWNSEND, Appellee.

No. 97-00659

Decided: February 12, 1999

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.

PER CURIAM.

PARKER, C.J., and ALTENBERND and WHATLEY, JJ., Concur.

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