KEITH EDWARD AVERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH EDWARD AVERY, APPELLANT,
STATE OF FLORIDA, APPELLEE
350 So. 2d 19
Florida District Court of Appeal, Second District (1977)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The judgment is affirmed but this case is remanded for resentencing of appellant. The present sentence does not' specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975), Smith v. State, 310 So. 2d 770 (Fla.2d DCA 1975). The appellant does not have to be present at resentencing.
BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hendricks v. State, 360 So. 2d 1119 (Fla. 3d DCA 1978)…not found to qualify as a mentally disordered sex offender, he may then be properly sentenced in accordance with the applicable laws. However, under no circumstances can treatment be required at the completion of the sentence. Gonsovowski v. State, 350 So. 2d 19 (Fla.2d DCA 1977); Compare Hoshaw v. State, 359 So. 2d 920 (Fla.3d DCA 1978), opinion filed June 20, 1978.7 Accordingly, the convictions appealed herein are affirmed, but the sentences are vacated and the cause is remanded to the circuit court with…
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Durbin v. State, 385 So. 2d 172 (Fla. 4th DCA 1980)…o v. State, supra; Hendricks v. State, supra; Donaldson v. State, supra. Once adjudicated as a mentally disordered sex offender the court is without authority to sentence such an offender to prison before he receives treatment. Gonsovowski v. State, 350 So. 2d 19 (Fla.2d DCA 1977). [*175] While we concur in the trial court’s conclusion that appellant’s prior hospitalization, his extensive history of ineffective treatment, and his recurrent sexually related criminal activity make him a poor candidate for furt…
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Haager v. State, 36 So. 3d 883 (Fla. 2d DCA 2010)…to then-chapter 917, Florida Statutes (1974). Under that statutory scheme, which was repealed in 1979, the court should have deferred sentencing until Haager recovered from his disorder and was no longer a menace to others. See Gonsovowski v. State, 350 So. 2d 19 (Fla. 2d DCA 1977); see also ch. 79-341, Laws of Fla. (repealing chapter 917 relating to mentally disordered sex offenders). As interpreted by the supreme court, the statute required the court to postpone sentencing until the defendant completed tre…
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- Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)