RAYMOND JOHN WERNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND JOHN WERNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
387 So. 2d 506
Florida District Court of Appeal, Fourth District (1980)
Opinion of the Court
PER CURIAM.
Affirmed.
MOORE and HURLEY, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
Concurrence
ANSTEAD, Judge,
specially concurring:
The trial court refused to adjudicate the appellant a mentally disordered sex offender because the appellant was already under sentence for two unrelated offenses. In the usual case once a defendant is adjudicated to be a mentally disordered sex offender he must be committed for treatment. Durbin v. State, 385 So. 2d 172 (Fla. 4th DCA 1980). However, here the appellant was already serving a life sentence and a consecutive fifteen year sentence for two prior non-sex related offenses. I do not believe the statute was intended to require adjudication and commitment of the appellant as a sex offender under such circumstances. Le Duc v. State, 365 So. 2d 149 (Fla.1978); Huckaby v. State, 343 So. 2d 29 (Fla.1977).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Huckaby v. State, 343 So. 2d 29 (Fla. 1977)
- LeDUC v. State, 365 So. 2d 149 (Fla. 1978)
- Durbin v. State, 385 So. 2d 172 (Fla. 4th DCA 1980)