Lafe appealed whether he should have been labels a sexual predator
The issue in this appeal would have been whether Lafe Travis Best was correctly designated a sexual predator under section 775.21(4)(a), Florida Statutes (2018), Florida’s Sexual Predators Act. I write only because this case presents the quintessential example of failing to make a specific objection for purposes of preserving an issue for appellate review. The State charged Best with one count of conspiracy to commit sexual battery on a person less than twelve years of age and eleven counts of possession of sexual performance by a child.1 The charging affidavit alleged that Best conspired with another man, Benjamin Worster, to commit molestation upon a three-year-old female child who was residing with Worster, as evidenced by text messages between the two men. Best entered a no contest plea to all counts.
At the sentencing hearing, and in a written sentencing recommendation, Best’s counsel objected to the trial court designating Best a sexual predator because he had no history of predatory behavior, there was no aggravating reason for such a designation, he was not integrally involved in the events, he had never met the child-victim, and such designation “would offend justice.” The State responded that Best was required to be designated as a sexual predator pursuant to section 775.21(4)(a) because he pled to, and was about to be convicted of, a first-degree felony under section 794.011. The trial court designated Best a sexual predator as part of the sentencing order. On appeal, and for the first time, Best argues that he was convicted of only conspiracy to commit sexual battery, not the substantive offense or an attempted sexual battery under section 794.011, and therefore the sexual predator statute does not apply to his conviction. While it might seem intuitive that a person who conspired to have sex with a three-year-old child is the
precise individual appropriate for sexual predator designation, we must examine the plain language of the statute to analyze the argument.
Read the statue in link
The designation was affirmed
| Current Release Date: | 02/13/2044 |
|---|
Current Prison Sentence History:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
|---|
| 12/05/2018 | SEX BAT BY ADULT/VCTM LT 12(CONSPIRACY TO COMMIT) | 11/16/2021 | VOLUSIA | 1930771 | 25Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
| 02/05/2019 | POSS PHOTO ETC CHILD SEX PERF | 11/16/2021 | VOLUSIA | 1930771 | 15Y 0M 0D |
Benjamin Worster, also appealed being designated a sexual predator.