Nyberg v. State

389 So.2d 339 (1980)

David Ansgar NYBERG, Appellant,

v.

STATE of Florida, Appellee.

No. 80-591.

District Court of Appeal of Florida, Second District.

October 24, 1980.

Baya Harrison, III, of Fuller & Johnson, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Chief Judge.

This case presents the issue of whether the trial court must impose a mandatory sentence on a defendant convicted of first degree murder once he is recommitted to the court upon completion of treatment as a mentally disordered sex offender.

A jury found…