Dodd v. State

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 prison. § 917.012, Fla.Stat. (1983). So, the question on appeal is whether a judicial determination that a convicted sex offender is a…