State v. Alexander

ON MOTION TO RECALL MANDATE

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 So.2d 174. We concluded that pursuant to section 917.012, MDSO treatment was available in prison; thus the downward departure was improper.

Since the issuance of the mandate entered in this appeal on…