Beverly v. State, Y--302

Citation330 So.2d 527
Decision Date20 April 1976
Docket NumberNo. Y--302,Y--302
PartiesDavid BEVERLY, Jr., Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Richard W. Ervin, III, Public Defender, and Lewis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant was sentenced to prison terms without the trial judge having received and considered a presentence investigation report and recommendations from the Parole and Probation Commission. Since the record does not show that appellant had a prior felony conviction, the sentencing violated Rule 3.710, F.R.Cr.P. See Mitchum v. State, Fla.App. (1st), 292 So.2d 620 (1974), and Angel v. State, Fla.App. (1st), 305 So.2d 283 (1974). There is no contention that there was a waiver of presentence investigation as was the case in Johns v. State, Fla.App. (1st), 330 So.2d 526, opinion filed this date.

We have considered the remaining point raised by appellant and find it to be without merit. See State v. Barber, Fla., 301 So.2d 7 (1974), and Terry v. State, Fla.App. (1st), 302 So.2d 142 (1974).

The convictions are affirmed, but the sentences are reversed and vacated with directions to resentence defendant after procuring and considering a presentence investigation report pursuant to Rule 3.710, F.R.Cr.P.

RAWLS, Acting C.J., and McCORD and SMITH, JJ., concur.

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5 cases
  • Hargrave v. State
    • United States
    • Florida Supreme Court
    • June 30, 1978
    ...DCA 1975); Grubbs v. State, 311 So.2d 411 (Fla. 2nd DCA 1975); Davenport v. State, 317 So.2d 851 (Fla. 1st DCA 1975); Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976). The record shows that appellant had no prior felony convictions. He was thus entitled to the benefit of a presentence Re......
  • Wilkerson v. State, 90-2858
    • United States
    • Florida District Court of Appeals
    • August 5, 1991
    ...of the sentencing court. This argument was rejected in Harden v. State, 290 So.2d 551 (Fla. 1st DCA 1974). See also Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976); Pegues v. State, 361 So.2d 433 (Fla. 1st DCA 1978), cert. denied 368 So.2d 1372 (Fla.1979); Watson v. State, 371 So.2d 237......
  • Pegues v. State
    • United States
    • Florida District Court of Appeals
    • July 14, 1978
    ...of this case, the court was required to receive and consider a presentence investigation report prior to sentencing. Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976). We affirm in part and reverse in part. We vacate the sentence and remand this case to the trial court with instructions t......
  • Diaz v. State, 78-1581
    • United States
    • Florida District Court of Appeals
    • November 14, 1978
    ...sentence. 1 Grubbs v. State, 311 So.2d 411 (Fla. 2d DCA 1975); Davenport v. State, 317 So.2d 851 (Fla. 1st DCA 1975); Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976). ...
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