DAVID BEVERLY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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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Lenson Hargrave v. State, 366 So. 2d 1 (Fla. 1978)…. 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 shows that appellant had no prior felony convictions. He was thus entitled to the benefit of a presentence investigation. Relying on Thompson v. State, supra, the majority holds that once the jury returns a verdict o…
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Wilkerson v. State, 583 So. 2d 428 (Fla. 1st DCA 1991)…not obtained or considered, but maintains that Wilkerson waived the error by failing to bring it to the attention 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. [*429] denied 368 So. 2d 1372 (Fla.1979); Watson v. State, 371 So. 2d 237 (Fla. 1st DCA 1979). Accordingly, while Wilkerson’s conviction is affirmed, his sentence is v…
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Pegues v. State, 361 So. 2d 433 (Fla. 1st DCA 1978)…lony offender, without first obtaining a presentence investigation report. Fla.R.Crim.Proc. 3.710. Under the facts 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 to obtain and consider a presentence investigation report on Pegues and then to resen-tence him. BOYER, Ac…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Barber, 301 So. 2d 7 (Fla. 1974)
- Mitchum v. State, 292 So. 2d 620 (Fla. 1st DCA 1974)
- Tyre Andre Jermaine Angel v. State, 305 So. 2d 283 (Fla. 1st DCA 1974)
- Smith v. State, 330 So. 2d 526 (Fla. 4th DCA 1976)
- Terry v. State, 302 So. 2d 142 (Fla. 1st DCA 1974)