STEVE EDWARD HOSHAW, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the revocation of probation but vacated the sentence. The court found that the trial court erred by ordering a mental health evaluation for a Mentally Disordered Sex Offender after the defendant had already been sentenced to imprisonment, as the statute requires this procedure to occur prior to sentencing.
Yes, the trial court erred. The statute governing Mentally Disordered Sex Offenders requires the evaluation and determination process to occur prior to sentencing, not after the completion of a prison sentence.
[1] A court may not order a mentally disordered sex offender evaluation and determination to occur after the completion of a prison sentence when the relevant statute mandate…
[2] A court may defer sentencing and certify a defendant for examination to determine if they are a mentally disordered sex offender, either on its own motion, on motion by t…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Chapter 917, Florida Statutes (1975) for determination of whether a person is a Mentally Disordered Sex Offender provides for procedure thereunder to be taken prior to sentencing, upon deferring sentence.”
Establishes the statutory requirement for the timing of the Mentally Disordered Sex Offender evaluation process.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant was found to have violated his probation. The trial court revoked his probation, adjudicated him guilty of unlawful carnal intercourse w…
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PER CURIAM.
This appeal is by the defendant below from an order revoking probation and the sentence then imposed. The previous conviction, upon which adjudication of guilt had been withheld and probation granted, was for unlawful carnal intercourse with an unmarried female minor of previous chaste character. Upon revoking probation the court adjudicated the defendant guilty of the above mentioned crime and sentenced him to imprisonment in the State Penitentiary for a term of 15 years, with credit for certain jail time served. The sentence then made the following provision:
“It Is Further Ordered that at the completion of said sentence you be evaluated by the Division of Mental Health for determination as a Mentally Disordered Sex Offender, pursuant to Section 917 of the Florida Statutes.
“It Is Further Ordered that you shall not be released until it is determined that you are able to remain in Society without causing harm.”
Chapter 917, Florida Statutes (1975) for determination of whether a person is a Mentally Disordered Sex Offender provides for procedure thereunder to be taken prior to sentencing, upon deferring sentence. It was error to provide for it to occur after expiration of a sentence of imprisonment which was imposed. Section 917.14, Florida Statutes (1975) provides:
“(1) If a defendant has been convicted of or has pleaded guilty or no contest to an offense or attempted offense in a current prosecution, the court may defer sentencing and certify him for a hearing and examination in the circuit court to determine whether he is a mentally disordered sex offender. “(2) The court may certify a defendant under subsection (1) on its own motion, on motion by the State Attorney or the defendant, or on application by affidavit of the defendant.’-’
Accordingly, the judgment is affirmed, but the sentence is vacated and the cause is remanded to the Circuit Court to either resentence the defendant or defer sentence and certify the defendant for hearing under the said mentally disordered sex offender act.
It is so ordered.
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Hendricks v. State, 360 So. 2d 1119 (Fla. 3d DCA 1978)…r, 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 directions. . David L. Gilbert, a crime investigator for…