JOHN SMITH LOPES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the sentence was within statutory limits, the trial court erred by not obtaining a presentence report before sentencing a first-time felony offender.
Appellant was convicted of false imprisonment and sentenced to 15 years. The trial judge did not order a presentence investigation report before impos…
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BOARDMAN, Judge.
Appellant was charged, tried and convicted of the crime of false imprisonment. Appellant raised two points on appeal which, after hearing oral argument, reading the briefs of the respective parties and reviewing the record, we find do not constitute reversible error. However, we point out that immediately subsequent to the jury returning its guilty verdict, appellant was sentenced to state prison for 15 years and given credit for time served in jail awaiting trial. The record of the sentencing proceeding indicates that this was appellant’s first felony conviction and the trial judge passed sentence without requesting a presentence report. See RCrP 3.710, which states in pertinent part:
. No sentence or sentences other than probation shall be imposed on any defendant found guilty of a first felony offense or found guilty of a felony while under the age of 18 years, until after such investigation has first been made and the recommendations of the commission received and considered by the sentencing j udge. (Emphasis supplied).
See, also, Still v. State, Fla.App. 1st, 1974, 296 So. 2d 67. In an abundance of caution and to insure that appellant is afforded due process as provided by the rule, supra, the trial judge should have requested a presentence report. We do point out, however, that the sentence imposed was within the statutory limits and consequently valid.
Accordingly, we
Affirm, but remand for sentencing in compliance with RCrP 3.710.
HOBSON, A. C. J., and SCHEB, J., concur'.
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Lenson Hargrave v. State, 366 So. 2d 1 (Fla. 1978)…onvicted of a felony. Harden v. State, 290 So. 2d 551 (Fla. 1st DCA 1974); Mitchum v. State, 292 So. 2d 620 (Fla. 1st DCA 1974); Still v. State, 296 So. 2d 67 (Fla. 1st DCA 1974); Nordone v. State, 307 So. 2d 907 (Fla. 3rd DCA 1975); Lopes v. State, 309 So. 2d 591 (Fla. 2nd DCA 1975); Buckles v. State, 310 So. 2d 748 (Fla. 1st 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…
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Williams v. State, 404 So. 2d 1165 (Fla. 2d DCA 1981)…or burglary and dealing in stolen property but vacate the sentences and remand for a hearing to determine if appellant had a prior felony conviction. If not, the court must order a presentence investigation prior to resentencing. See Lopes v. State, 309 So. 2d 591 (Fla.2d DCA 1975); Fla.R.Crim.P. 3.710. SCHEB, C. J., and GRIMES, J., concur.…
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Major Lee Grubbs v. State, 311 So. 2d 411 (Fla. 2d DCA 1975)…ecord that the appellant had any prior felony offenses, it was mandatory for the trial court to request and consider [*412] a pre-sentence report prior to sentencing. Mitchum v. State, Fla.App. 1st 1974, 292 So. 2d 620; Lopes v. State, Fla.App.1975, 309 So. 2d 591, Opinion filed March 21, 1975. Accordingly, we affirm as to the conviction, but the sentence is vacated and the case is remanded for resentencing by the trial court consistent with the requirements of RCrP 3.710. BOARDMAN, A. C. J., and GRIMES, J.…
Authorities Cited
- Still v. State, 296 So. 2d 67 (Fla. 1st DCA 1974)