Florida District Courts of Appeal, 1980

Werner v. State

Werner v. State
Florida District Courts of Appeal · Decided August 27, 1980 · Anstead, Hurley, Moore
387 So. 2d 506; 1980 Fla. App. LEXIS 17000 (Southern Reporter, Second Series)

Werner v. State

Opinion of the Court

PER CURIAM.

Affirmed.

MOORE and HURLEY, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

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).

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