Opinion
Nos. 79-1512, 79-1577.
August 27, 1980.
Consolidated appeals from Circuit Court, Palm Beach County; Carl H. Harper, Judge.
Richard L. Jorandby, Public Defender, James Eisenberg, Asst. Public Defender, and James K. Green of Brown Green, Sp. Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed.
MOORE and HURLEY, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
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).