Dudley v. State

MOORE, Judge.

The appellant appeals a fifteen year prison sentence entered upon revocation of probation. His sole contention on appeal is that the trial court erred in not certifying him for a hearing pursuant to Section 917.-14, Florida Statutes (1977) to determine whether he was a mentally disordered sex offender. We agree with this contention and reverse the sentence in accordance with our opinion in Durbin v. State, 385 So.2d 172 (Fla. 4th DCA 1980).

The appellant was placed on probation in 1974 after having pled guilty to a charge of indecent assault upon a child. Two psychiatrists were…