STATE v. BOYD (2022)

ON MOTION FOR REHEARING

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.

PER CURIAM.

EISNAUGLE, NARDELLA and WOZNIAK, JJ., concur.