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STATE v. ALEXANDER

No. 91-407.

591 So.2d 1029 (1991)

The STATE of Florida, Appellant, v. Mendoza ALEXANDER, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard S. Fechter, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

ON MOTION TO RECALL MANDATE

PER CURIAM.

In our original opinion in this case, relying on section 917.012, Florida Statutes (1989), we reversed an order granting a downward departure sentence to a sex offender.1 We held that the trial court erred in reasoning that the downward deviation was acceptable because the defendant could not receive mentally disordered sex offender (MDSO) treatment while in prison. 584...

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