RANDALL V. PAYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RANDALL V. PAYNE, APPELLANT,
STATE OF FLORIDA, APPELLEE
389 So. 2d 339
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. This affirmance is without prejudice to the defendant’s right to seek appropriate relief under Florida Rule of Criminal Procedure 3.850.
ANSTEAD, BERANEK and HURLEY, JJ., concur.
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Rosier v. State, 508 So. 2d 725 (Fla. 2d DCA 1987)…e of sexual battery, the trial judge had no discretion. Under section 775.-082(1), Florida Statutes (1977), the penalty for a capital felony is life imprisonment with a minimum term of twenty-five years before parole eligibility. In Nyberg v. State, 389 So. 2d 339 (Fla. 2d DCA 1980), this court held that if a crime carries with it a mandatory sentence, the trial court must still impose that mandatory sentence after a defendant’s completion of treatment as a mentally disordered sex offender. Thus the trial jud…