O'Donnell v. State

District Court of Appeal of Florida

O'Donnell v. State

376 So. 2d 1172, 1979 Fla. App. LEXIS 15555

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 1979

DocketNos. 78-1276, 78-1463 to 78-1465

StatusPublished

This text of 376 So. 2d 1172 (O'Donnell v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Donnell v. State, 376 So. 2d 1172, 1979 Fla. App. LEXIS 15555 (Fla. Ct. App. 1979).

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Opinion

OTT, Judge-

Appellant appeals an order denying his motion for a hearing and psychiatric examination to determine whether he qualified as a mentally disordered sex offender within the meaning of Chapter 917 Florida Statutes (1977).

[1173]*1173We find the facts of this case to be substantially the same as those in Rosier v. State, 374 So.2d 1041 (Fla.2d DCA 1979). For the reasons set forth in Rosier, we find that appellant was entitled to be certified for a hearing to determine whether he met the statutory criteria for mentally disordered sex offender status. Accordingly, we affirm appellant’s convictions, but we vacate the sentences imposed upon him and remand to the circuit court with directions to conduct the requisite hearing under Chapter 917.14, Florida Statutes (1977).

GRIMES, C. J., and SCHEB, J., concur.

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OTT, Judge-

Appellant appeals an order denying his motion for a hearing and psychiatric examination to determine whether he qualified as a mentally disordered sex offender within the meaning of Chapter 917 Florida Statutes (1977).

[1173]*1173We find the facts of this case to be substantially the same as those in Rosier v. State, 374 So.2d 1041 (Fla.2d DCA 1979). For the reasons set forth in Rosier, we find that appellant was entitled to be certified for a hearing to determine whether he met the statutory criteria for mentally disordered sex offender status. Accordingly, we affirm appellant’s convictions, but we vacate the sentences imposed upon him and remand to the circuit court with directions to conduct the requisite hearing under Chapter 917.14, Florida Statutes (1977).

GRIMES, C. J., and SCHEB, J., concur.

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Bluebook (online)

376 So. 2d 1172, 1979 Fla. App. LEXIS 15555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-state-fladistctapp-1979.

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