HENRY MONTS DEOCA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
A review of the proceedings below reveals that the learned trial judge failed to follow the provisions of Rule 3.710, FRCrP, which provides, in part, that no sentence shall be imposed upon a defendant found guilty of a first felony offense until a pre-sentence investigation and recommendation has been received and considered by the sentencing judge. Davenport v. State, Fla.App.1st, 1975, 317 So. 2d 851; Buckles v. State, Fla.App.1st, 1975, 310 So. 2d 748. Since the error was a defect in sentencing the judgment is affirmed, the sentence vacated and the cause is remanded with directions to conduct a pre-sen-tence investigation pursuant to Rule 3.710 followed by further proceedings consistent herewith.
WALDEN, C. J., and MAGER and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mitchell v. State, 381 So. 2d 760 (Fla. 5th DCA 1980)…ation report prior to sentencing where such report is required under Rule 3.710 is appealable and constitutes reversible error. Harden v. State, 290 So. 2d 551 (Fla. 1st DCA 1974); Ussery v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); DeOca v. State, 326 So. 2d 453 (Fla. 4th DCA 1976). The receipt and consideration of the pre-sentence report can be waived. Rinaldi v. State, 343 So. 2d 94 (Fla. 3d DCA 1977). Under the circumstances shown here, there is no error of constitutional magnitude such as was found in H…
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Mills v. State, 424 So. 2d 866 (Fla. 4th DCA 1982)…efore sentence could be imposed. It thus appears that this feature of the case should also be remanded to the criminal division judge so he may obtain a presentence report, pursuant to Rule 3.710 and thereafter resentence appellant. De Oca v. State, 326 So. 2d 453 (Fla. 4th DCA 1973).3 In addition, we reverse the $2 cost assessment, which appellee concedes was improper. See Cox v. State, 334 So. 2d 568 (Fla. [*868] 1976). Accordingly, the sentence appealed from is vacated and the cause is remanded to the cir…
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Parker v. State, 485 So. 2d 19 (Fla. 4th DCA 1986)…The defendant was found guilty of his first felony offense and was sentenced by the trial court without consideration of a [*20] presentence report as required by the mandatory language of Florida Rule of Criminal Procedure 3.710. DeOca v. State, 326 So. 2d 453 (Fla. 4th DCA 1976). Therefore, the sentence is quashed and the cause remanded with directions to conduct a pre-sentence investigation and to resentence the defendant. HERSEY, C.J., and DOWNEY, J., concur.…
Authorities Cited
- Ralston Purina Co. v. Webb, 310 So. 2d 748 (Fla. 1st DCA 1975)
- Davenport v. State, 317 So. 2d 851 (Fla. 1st DCA 1975)
- Baxley v. State, 317 So. 2d 851 (Fla. 1st DCA 1975)