ALAN P. BRONSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1977-05-06
No. 76-1343
BOARDMAN, C. J., and GRIMES, J., concur.
345 So. 2d 872 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Appellant Bronson appealed his conviction and 30-year sentence for robbery, challenging the trial court's refusal to disclose factual information from the presentence investigation report. The court affirmed the conviction but vacated the sentence and remanded for resentencing, holding that certain factual information in the PSI must be disclosed to the defendant prior to sentencing.


Holding

The trial court was required to disclose all factual information from the PSI, including juvenile records, disciplinary actions, and mental examinations, regardless of whether such information was placed in the confidential portion of the report. The conviction is affirmed but the sentence is vacated and remanded for resentencing after proper disclosure.


Headnotes

[1] A trial court must disclose all factual material in a presentence investigation report to the defendant and the State a reasonable time prior to sentencing.

[2] Factual information in a presentence investigation report includes, but is not limited to, the defendant's education, prior occupation, prior arrests, prior convictions,…

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Key Quotes

“The trial judge shall disclose all factual material, including but not limited to the defendant's education, prior occupation, prior arrests, prior convictions, military service and the like, to the defendant and the State a reasonable time prior to sentencing.”

Establishes the mandatory disclosure requirement under Florida Rule of Criminal Procedure 3.713(b)

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Facts & Procedural History

Bronson pled nolo contendere and was adjudicated guilty of robbery, receiving a 30-year prison sentence with credit for time served. The trial court d…

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Opinion of the Court
SCHEB, Judge.

[*873] SCHEB, Judge.

Appellant pled nolo contendere and was adjudicated guilty of robbery. He was sentenced to thirty years in prison with credit for time served awaiting disposition of his case. On appeal the only point which merits discussion concerns refusal of the trial court to disclose certain information from the presentence investigation (PSI) report considered by the trial judge before sentencing.

Presentence investigative disclosure is governed by Fla.R.Crim.P. 3.713, which provides:

(a) The trial judge may disclose any of the contents of the presentence investigation to the parties prior to sentencing. Any information so disclosed to one party shall be disclosed to the opposing party.

(b) The trial judge shall disclose all factual material, including but not limited to the defendant’s education, prior occupation, prior arrests, prior convictions, military service and the like, to the defendant and the State a reasonable time prior to sentencing. If any physical or mental evaluations of the defendant have been made and are to be considered for the purposes of sentencing or release, such reports shall be disclosed to counsel for both parties.

(c) Upon motion of the defendant or the prosecutor or on its own motion, the sentencing Court may order the defendant to submit to a mental or physical examination which would be relevant to the sentencing decision. Copies of such examination or any other examination to be considered for the purpose of sentencing shall be disclosed to counsel for the parties subject to the limitation of Rule 1.713(b).

Here, that portion of the PSI denominated as “factual” was disclosed to the parties pursuant to Subsection (b). Appellant’s counsel suspected some juvenile records on appellant may have been included in the part of the PSI denominated as “confidential.” On this basis, appellant moved for disclosure of the confidential portion of the report. The trial judge denied the motion.

We have reviewed the presentence investigation report as prepared by the Parole and Probation Commission and considered by the trial court prior to sentencing. Some factual information, the disclosure of which is mandated by Subsection (b) of the Rule, was included in the “confidential” portion of that report. Specifically, information pertaining to appellant’s juvenile record, disciplinary actions taken against him by the military, and the mental examinations administered to appellant constituted factual information, the disclosure of which was required.

Accordingly, the judgment of conviction is affirmed, but the sentence is vacated. The case is remanded for resentencing after disclosure to appellant of the factual information herein designated from the presen-tence investigation report.

BOARDMAN, C. J., and GRIMES, J., concur.


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Citator

Cited By

  • Nelson v. State, 396 So. 2d 1130 (Fla. 1981)
    …eport. He also declined to disclose the factual material therein, thus violating Florida Rule of Criminal Procedure 3.713(b). The district court’s affirmance, Nelson v. State, 373 So. 2d 468 (Fla.2d DCA 1979), created conflict with Bronson v. State, 345 So. 2d 872 (Fla.2d DCA 1977), and Campbell v. State, 342 So. 2d 1010 (Fla. 4th DCA 1977). Therefore, we have jurisdiction. Art. V, § 3(bX3), Fla.Const. On the merits, I would hold that the trial judge should have furnished the entire pre-sentence investigatio…
  • Dickens v. State, 368 So. 2d 950 (Fla. 1st DCA 1979)
    …which was listed in the noneonfidential portion of the PSI. Under the rule this information, and all other factual information in the PSI, must be revealed to both the defendant and the state a reasonable time prior to sentencing. Bronson v. State, 345 So. 2d 872 (Fla. 2d DCA 1977); Campbell v. State, 342 So. 2d 1010 (Fla. 4th DCA 1977); Cunningham v. State, 349 So. 2d 702 (Fla. 4th DCA 1977). We hereby admonish the Department of Offender Rehabilitation to include all factual information in the non-eonfident…
  • Spooner v. State, 354 So. 2d 1248 (Fla. 4th DCA 1978)
    …onable time prior to sentencing, any factual material contained in the confidential portion of the presentence investigation which is not found in the non-confidential portion. Campbell v. State, 342 So. 2d 1010 (Fla.4th DCA 1977); Bronson v. State, 345 So. 2d 872 (Fla.2d DCA 1977); Cunningham v. State, 349 So. 2d 702 (Fla.4th DCA 1977). ALDERMAN, C. J., and ANSTEAD and DAUKSCH, JJ., concur.…

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