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387 So. 2d 506

Werner v. State

Decided August 27, 1980

Relies on 343 So. 2d 29 - Huckaby v. State · LeDuc v. State · 385 So. 2d 172 - Durbin v. State

Decided 1980-08-27

PER CURIAM.

¶1Affirmed.

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

¶2specially concurring:

¶3The 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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