ROBERT E. SPOONER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1978-02-07
No. 76-2464
ALDERMAN, C. J., and ANSTEAD and DAUKSCH, JJ., concur.
354 So. 2d 1248 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgments of conviction are affirmed, but the sentences are vacated and the case remanded for resentencing with directions that the trial court disclose to the defendant, a reasonable 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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  • Fungone v. State, 391 So. 2d 336 (Fla. 4th DCA 1980)
    …efendant is retried and convicted, the trial court should disclose the factual matters contained within the confidential portion of the pre-sentence investigation report to her. Dickens v. State, 368 So. 2d 950 (Fla. 1st DCA 1979); Spooner v. State, 354 So. 2d 1248 (Fla. 4th DCA 1978). REVERSED AND REMANDED. ANSTEAD and MOORE, JJ., concur.…

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