Deoca v. State, 326 So. 2d 453 (Fla. 4th DCA 1976). · Go Syfert
Deoca v. State, 326 So. 2d 453 (Fla. 4th DCA 1976). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Retrieving the full opinion text from the archive…
Henry Monts DeOCA
v.
STATE of Florida
No. 75-203.
District Court of Appeal of Florida, Fourth District.
Feb 13, 1976.
326 So. 2d 453
Richard L. Jorandby, Public Defender, and Bruce Zeidel, Asst. Public Defender, West Palm Beach, for appellant., Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.
Downey, Mager, Walden.
Cited by 2 opinions  |  Published
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.