STATE DHRS v. WADE

No. LL-254.

363 So.2d 1180 (1978)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, a State Agency, Petitioner, v. The Honorable Charles A. WADE, Judge of the Circuit Court in and for Okaloosa County, Florida, Respondent.

District Court of Appeal of Florida, First District.

November 14, 1978.


Attorney(s) appearing for the Case

Jon W. Searcy, Dist. Legal Counsel, Pensacola, for petitioner.

Robert L. Shevin, Atty. Gen., and Martin S. Friedman, Asst. Atty. Gen., Tallahassee, for respondent.


SMITH, Acting Chief Judge.

The Department of Health and Rehabilitative Services petitions for a writ of prohibition to prevent execution of a circuit judge's order directing that James T. Rogers, who has pleaded nolo contendere to two counts of sexual battery, be transported to Florida State Hospital at Chattahoochee for examination to determine whether Rogers is a mentally disordered sex offender. Sections 917.13, et seq., Florida Statutes (1977). The court's order...

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