Beverly v. State, Y--302
Citation | 330 So.2d 527 |
Decision Date | 20 April 1976 |
Docket Number | No. Y--302,Y--302 |
Parties | David BEVERLY, Jr., Appellant, v. STATE of Florida, Appellee. |
Court | Court 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.
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.
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...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......
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