Arrestable Offenses / Crimes under Fla. Stat. 794.0235
S794.0235 5a - FAILURE TO APPEAR - FAIL TO APPEAR FOR MPA (CASTRATION TREATMENT) - F: S
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2003 WL 21990412
...He was adjudged to be a habitual felony offender and sexual predator, and was sentenced for the commission of these crimes to serve two concurrent terms of life in prison. He was also ordered at sentencing to receive medroxyprogesterone acetate ("MPA"), if deemed appropriate and if ever released from prison, pursuant to section 794.0235, Florida Statutes (2000)....
...Houston attacks his judgment and sentence on a number of grounds, only two of which require discussion. First, Houston asserts that similar fact evidence was improperly admitted in evidence at his trial. Second, Houston attacks the constitutionality of section 794.0235....
...rt of the transcript. Finally, the prosecutor did not mention the similar fact evidence in opening, and only briefly touched on it in closing argument. Accordingly, we find no error in the admission of the collateral crime evidence. APPLICABILITY OF SECTION 794.0235 Prior to his sentencing, Houston filed a motion seeking to have the trial *428 court declare section 794.0235, Florida Statutes (2000), concerning chemical castration, to be unconstitutional....
...statute to be unconstitutional. I don't think that's what they had in mind with the M.P.A. amendment. I'm going to order M.P.A., if deemed appropriate, and if he's ever released. We conclude that the trial court erred in the imposition of the MPA requirement. Section 794.0235(2)(a) requires that an order sentencing a defendant to MPA treatment shall be: ......
...[2] AFFIRMED in part, REVERSED in part. GRIFFIN and ORFINGER, JJ., concur. NOTES [1] Williams v. State,
110 So.2d 654 (Fla.), cert. denied,
361 U.S. 847,
80 S.Ct. 102,
4 L.Ed.2d 86 (1959). [2] In view of the mootness of the issue, we offer no opinion on the constitutionality of section
794.0235, Florida Statutes (2001).
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 28 Fla. L. Weekly Fed. D 422
...The trial court then pronounced a sentence of 188 months' incarceration and ordered that he undergo surgical castration. II. As the state concedes on appeal, no statute authorized castration, chemical or surgical, for convictions under section
800.04, Florida Statutes (1997). While section
794.0235(1), Florida Statutes (1997), purported to authorize sentencing a defendant to treatment with medroxyprogesterone acetate, it did so only in the event of a conviction for sexual battery under section
794.011, Florida Statutes (1997), which was not charged in the present case....
...An illegal sentence cannot be imposed, even as part of a negotiated plea agreement. See, e.g., Wright v. State,
743 So.2d 103, 103 (Fla. 1st DCA 1999) ("A trial court is not authorized to impose an illegal sentence, even pursuant to a plea agreement. See Williams v. State,
500 So.2d 501 (Fla.1986)."). Because neither section
794.0235(1), Florida Statutes (1997), nor any other provision of Florida law authorizes castration as punishment for lewd and lascivious conduct in violation of section
800.04, Florida Statutes (1997), appellant's sentence is illegal to the extent it purports to require his castration....
...vice, unless the record conclusively refutes the claim, in which case it should attach pertinent portions of the record to the order on remand. The order under review is otherwise affirmed. ALLEN, C.J., and HAWKES, J., concur. NOTES [1] Then as now, section 794.0235 provides: (1) Notwithstanding any other law, the court: (a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 2480529
...The trial court orally imposed a sentence of twelve years' imprisonment, to run consecutive to the eight-year prison term imposed in the prior case. Because this was Tran's second conviction for sexual battery, at the sentencing hearing the trial court considered whether to order the administration of MPA to Tran pursuant to section 794.0235, Florida Statutes....
...After listening to the testimony, hearing argument, and consulting materials provided both by the state and the defense, the trial court ordered that MPA be administered for five years after Tran's release from prison. From this sentence, Tran appeals. Although Tran raises multiple challenges to the constitutionality of section 794.0235 and to the procedures used to determine the imposition of MPA in his case, we conclude that the court's order sentencing Tran to a duration of MPA, which sentence was imposed four months after his sentencing hearing at which the court imposed a prison sentence, constitutes a violation of double jeopardy. We thus reverse. Section 794.0235, Florida Statutes, entitled "Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery," provides in relevant part: (1) Notwithstanding any other law, the court: ....
...2988,
92 L.Ed.2d 296 (1986)). As a matter of statutory construction, it would appear that a sentence to administration of MPA does constitute punishment. Pursuant to the statutory scheme, the administration of MPA is imposed as part of a criminal sentence. Indeed, section
794.0235 is placed within Florida's criminal code, rather than under Florida's public health code....
...tion of treatment. This is directly contrary to the statute, which requires that the court's sentencing order "shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant." § 794.0235(2)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 1812800
...These sentences were originally imposed on December 18, 2003. Thereafter, on January 7, 2004, the trial court nunc pro tunc declared Jackson a "sexual predator," pursuant to section
775.21, Florida Statutes (2000). Subsequently, the state moved to have Jackson "chemically castrated," *697 pursuant to section
794.0235, Florida Statutes (2000)....
...ns into evidence. The document indicated that a medical examination of Jackson on June 14, 2004, found that Jackson "had no symptoms or problems" relative to such a medical procedure. However, defense counsel did object to Jackson's sentencing under section 794.0235, Florida Statutes, arguing that this statute required, as a prerequisite, that the medical examination occur within 60 days of sentencing....
...Jackson argues that the trial court erred in overruling his objection to the state's request for an order to have him chemically castrated as a part of his sentence for sexual battery because the prerequisite medical examination of Jackson did not occur within 60 days of imposition of his sentence, as mandated by section 794.0235....
...from the words used without involving rules of construction or speculating as to what the legislature intended. See State v. Dugan,
685 So.2d 1210, 1212 (Fla.1996). We acknowledge there appears to be some incongruity in the statute. For example, in section
794.0235(2)(b), the statute speaks to cases involving defendants who are sentenced to a period of incarceration and notes that treatment with MPA shall commence not later than one week prior to the defendant's release from prison or other institution....
...Nevertheless, the legislature stated that the MPA treatment "shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment" and that "[s]uch determination is to be made not later than 60 days from the imposition of sentence." § 794.0235(2)(a), Fla....
...e as discretionary, then it would make the 60-day time period meaningless. We cannot conclude without a clear expression from the legislature that it intended the 60-day period to be a nullity. We also note that the trial court failed to comply with section 794.0235(2)(a) in that it failed to "specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant." This is directly contrary *699 to the requirements of the statute and also requires reversal of the order for MPA treatment....
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 2040260
...775.21,
943.0435, and
944.605-.607, Florida Statutes (2004), the court (over defense counsel's objection) ordered medroxyprogesterone acetate (MPA) treatment, informally known as "chemical castration," to occur at some undetermined time pursuant to section
794.0235, Florida Statutes (2004)....
...California,
386 U.S. 18, 24,
87 S.Ct. 824,
17 L.Ed.2d 705 (1967); State v. DiGuilio,
491 So.2d 1129, 1135 (Fla.1986). As to the sentencing phase of the trial, the State filed notice of intent to seek Appellant's classification as a sexual predator. Section
794.0235(1), Florida Statutes (2004), authorizes the trial court to sentence a defendant to MPA treatment....
...Because the trial court failed to comply with the mandatory statutory procedures before ordering MPA treatment, we reverse and strike that portion of Appellant's sentence ordering MPA treatment. See Jackson v. State,
907 So.2d 696, 697 (Fla. 4th DCA 2005) (holding that section
794.0235 directive that defendant receive medical examination, within 60 days of imposition of sentence for sexual offense, to determine suitability for chemical castration, as prerequisite to imposition of sentence of chemical castration, is mandatory rather than discretionary); Houston v. State,
852 So.2d 425, 428 (Fla. 5th DCA 2003) (reversing portion of sentence requiring MPA treatment, where trial court failed to comply with mandatory provisions of section
794.0235 relating to appointment of medical expert and specification of duration of treatment)....
CopyPublished | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 1515, 2016 WL 370660
...ule of Criminal Procedure
3.800(a). Mr. Patterson argued in his motion that his sentence of chemical
castration was illegal because the trial court had not complied with the statutory
requirements of the chemical castration statute, Fla. Stat. § 794.0235....
...9
Case: 12-12653 Date Filed: 01/29/2016 Page: 10 of 67
Corrections to incarcerate Mr. Patterson, but also, at its discretion, to chemically
castrate him by administering MPA during his term of incarceration. See Fla. Stat.
§ 794.0235(2)(b) (“In all cases involving defendants sentenced to a period of
incarceration, the administration of treatment with medroxyprogesterone acetate
(MPA) shall commence not later than one week prior to the defendant’s release
from prison or other institution.”)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ule of Criminal Procedure
3.800(a). Mr. Patterson argued in his motion that his sentence of chemical
castration was illegal because the trial court had not complied with the statutory
requirements of the chemical castration statute, Fla. Stat. § 794.0235....
...9
Case: 12-12653 Date Filed: 01/29/2016 Page: 10 of 67
Corrections to incarcerate Mr. Patterson, but also, at its discretion, to chemically
castrate him by administering MPA during his term of incarceration. See Fla. Stat.
§ 794.0235(2)(b) (“In all cases involving defendants sentenced to a period of
incarceration, the administration of treatment with medroxyprogesterone acetate
(MPA) shall commence not later than one week prior to the defendant’s release
from prison or other institution.”)....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 64435
...The Department of Corrections ["DOC"] filed two petitions for certiorari raising the same issue. [1] Two similar orders have been entered in criminal cases pending in Orange County requiring the DOC to find and pay for a medical expert in a "chemical castration" proceeding following sentencing. The applicable statute is section 794.0235(1)(a), Florida Statutes (2005), which authorizes a trial court to order a defendant convicted of sexual battery to be treated with medroxyprogesterone acetate (MPA) prior to his release from prison....
...Such determination is to be made not later than sixty days from the imposition of sentence. However, the administration of the MPA treatment does not begin until release from prison is imminent, and "shall commence not later than one week prior to the defendant's release from prison." See § 794.0235(2)(a) and (b), Fla. Stat. (2005). The DOC must provide the services necessary to administer the MPA treatment. See § 794.0235(3), Fla....
...The DOC acknowledges that it is obligated to administer the treatment once ordered, but it argues that it is not required to pay for or perform the medical expert evaluation, which is a part of the judicial function. It appears that the DOC correctly interprets section 794.0235(2)(a), Florida Statutes (2005)....
...We invited the Florida Justice Administration Commission to file a response to assist the court, but it declined, so we know little or nothing about the funding or lack of funding of these evaluations by the legislature. Our opinion is limited to our conclusion that section 794.0235 does not impose the duty on DOC....
...[4] Because DOC has no adequate remedy by appeal and this issue is likely to recur, it is appropriate to grant the writ. WRIT GRANTED; ORDERS QUASHED. PLEUS, C.J., GRIFFIN and ORFINGER, JJ., concur. NOTES [1] We have consolidated these two cases for consideration. [2] Section 794.0235(1)(a), Florida Statutes, states: (1) Notwithstanding any other law, the court: (a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery described in s....
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 351154
...ahassee, for Respondent. PER CURIAM. The petition alleging ineffective assistance of appellate counsel is denied on the merits. This disposition is without prejudice to petitioner's right to challenge that portion of his sentence imposed pursuant to section 794.0235, Florida Statutes, by filing a motion for relief in the trial court....
