Bishop v. State , 2014 Fla. App. LEXIS 19660 ( 2014 )

PER CURIAM.

Waymon Bishop appeals the trial court’s November 18, 2013 order denying his motion to clarify his sentences in lower tribunal case number 90-14763-A. 1 This court has considered Bishop’s motion as filed pursuant to Florida Rule of Criminal Procedure 3.800(a).

The order on review states, in pertinent part, “[I]n 2001, pursuant to the Jimmy Ryce act [sic] the defendant was found to be a sexual predator” in lower tribunal case number 01-10787.

The State concedes that it dismissed its petition to have Bishop declared a sexual predator under the Jimmy Ryce Act in lower tribunal case number 01-10787. 2

Accordingly, we remand for the limited purpose of striking the sexual predator language from the trial court’s November 18, 2018 order. 3

Remanded with directions.

1

. In lower tribunal case number 90-14763-A, Bishop was sentenced to ten years in prison after pleading guilty to kidnapping, false imprisonment, and seven counts of sexual battery.

2

. The State had sought to have Bishop committed under the Jimmy Ryce Act as a sexually violent predator in lower tribunal case number 01-10787. According to the State, however, after Bishop received a life sentence in an unrelated case (lower tribunal case number 98-41196), the State dismissed its Jimmy Ryce Petition. Bishop's life sentence in lower tribunal case number 98-41196 was subsequently reduced to twenty years.

3

. We note that Bishop's convictions may qualify him as a "sexual offender” under section 943.0435, Florida Statutes; that issue, however, is not-before us.