Cummings v. State

ROBERT P. SMITH, Jr., Judge.

Cummings, convicted of sexual battery and committed to the Department of Health and Rehabilitative Services as a mentally disordered .sex offender, Chapter 917, Florida Statutes (1977), complains on this appeal that the trial court erred in removing him from the Department’s custody for imprisonment pursuant to sentence without holding an evidentiary hearing on the issue of whether the Department has exhausted all available treatment. On receiving the Department’s report that all available treatment had been exhausted, the court scheduled a hearing on pending…