CHARLES CASTOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SMITH, Judge.
A conviction for murder in the-third degree. Defense counsel did not clearly request that the jury be recharged on excusable and justifiable homicide when the court recharged the jury on the degrees of murder and manslaughter. Hedges v. State, 172 So. 2d 824 (Fla.1965) is therefore inapplicable. The sentencing judge, who was not the trial judge, acted within his authority under Fla.R.Crim.P. 3.700(c) by taking into consideration the jury’s verdict of guilt, the presentence investigation report and the prosecutor’s supplementary description of the offense. Appellant’s explanation at the sentencing, which amounted to a plea of self-defense, had been rejected by the jury. Accordingly, the sentencing judge was not required to delve further into the record to familiarize himself with the case. McCoy v. State, 344 So. 2d 250 (Fla.1st DCA 1977). Contrast Caplinger v. State, 271 So. 2d 780 (Fla.3d DCA 1973). No other error appears.
AFFIRMED.
BOYER, Acting C. J., and MILLS, J., concur.
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Castor v. State, 365 So. 2d 701 (Fla. 1978)…ENGLAND, Chief Justice. The decision of the First District Court of Appeal in this case, reported at 351 So. 2d 375, is properly brought to us1 to decide whether a contemporaneous objection is essential for appellate review when a trial judge re-instructs in response to a jury’s request in a homicide case but omits a portion of the homicide instructions which we…
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Lawley v. State, 377 So. 2d 824 (Fla. 1st DCA 1979)…e was going to sentence appellant the same day for other convictions. The trial judge was not unavailable to pass sentence. The sentencing judge did not act improperly insofar as the basis she used in determining a proper sentence. Castor v. State, 351 So. 2d 375 (Fla.1st DCA 1977). Nevertheless, there was no justification for anyone other than the trial judge to impose a sentence. Rule 3.700(c), Florida Rules of Criminal Procedure, provides for sentencing by a judge other than the one who heard the trial “…
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Aleño Santana Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996)…y of counselor and mother and argument from both parties), and Spencer v. State, 611 So. 2d 16 (Fla. 3d DCA 1992) (would be sufficient if successor sentencing judge reviews PSI report and those record portions deemed pertinent), and Castor v. State, 351 So. 2d 375 (Fla. 1st DCA 1977) (sufficient for substitute sentencing judge to consider jury’s verdict of guilt, PSI report, and prosecutor’s description of offense), affd, 365 So. 2d 701, 703 n. 4 (Fla.1978), and Law-ley v. State, 377 So. 2d 824 (Fla. 1st DCA…
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- Whitney v. Colonial INN, 172 So. 2d 824 (Fla. 1965)
- Caplinger v. State, 271 So. 2d 780 (Fla. 3d DCA 1973)
- McCOY v. State, 344 So. 2d 250 (Fla. 1st DCA 1977)