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DEAN v. STATE

No. 41622.

265 So.2d 15 (1972)

Joe Kenneth DEAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied August 21, 1972.

Attorney(s) appearing for the Case

James M. Russ and Michael F. Cycmanick of the Law Offices of James M. Russ, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., for appellee.

DEKLE, Justice.

Forcible rape was the charge against defendant under Fla. Stat. § 794.01, F.S.A. which provided at the time of his conviction in 1970, that upon recommendation of mercy by the jury (as here), the punishment was imprisonment "for life, or for any term of years within the discretion of the judge."1 He received a sentence of life imprisonment but was thereafter committed as a mentally disordered sex offender under Fla...

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