DON HARROLD SUDDRETH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DON HARROLD SUDDRETH, APPELLANT,
STATE OF FLORIDA, APPELLEE
325 So. 2d 458
Florida District Court of Appeal, First District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We have carefully considered the briefs, record and oral arguments and find no error in the rulings of the trial court with' the exception that appellant was sentenced without having been given psychiatric examinations as required by Section 801.051, Florida Statutes. See Wolf v. State, Fla.App.2nd, 282 So. 2d 668. The sentence imposed upon appellant is, therefore, vacated and the case is remanded to the trial court for compliance with said statute.
McCORD, Acting C. J., and MILLS and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 345 So. 2d 778 (Fla. 2d DCA 1977)…nce with the provisions of Chapter 801 has been consistently deemed mandatory. Johnson v. State, 292 So. 2d 426 (Fla.2d DCA 1974); Wilson v. State, 282 So. 2d 667 (Fla.2d DCA 1973); Wolf v. State, 282 So. 2d 668 (Fla.2d DCA 1973); Suddreth v. State, 325 So. 2d 458 (Fla.lst DCA 1976). Certainly the same psychiatrists could evaluate the same defendant at the same time for purposes of both chapters, but this was not done here. Before sentencing the appellant for this crime, the court was obligated to have in its…
Authorities Cited
- Wolf v. State, 282 So. 2d 668 (Fla. 2d DCA 1973)