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DODD v. STATE

Nos. 84-752, 84-823.

471 So.2d 668 (1985)

Joseph Karl DODD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 27, 1985.

Attorney(s) appearing for the Case

Chandler R. Muller and Warren W. Lindsey of Muller, Kirkconnell and Lindsey, P.A., Winter Park, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence which departed from the recommended guidelines.

Appellant was convicted of incest. The recommended guidelines sentence is any nonstate prison sanction. Rule 3.988, Fla. R.Crim.P. The sentencing judge departed for the reason that appellant needs treatment under the Mentally Disordered Sex Offender (MDSO) program. Under the MDSO statute the only way a convict can get the MDSO treatment is if he is in the state...

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