Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

HENRY MONTS DeOCA, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

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-sentence investigation pursuant to Rule 3.710 followed by further proceedings consistent herewith.

WALDEN, C.J., and MAGER and DOWNEY, JJ., concur.

Use AI to get other relevant cases.

Comments

DeOCA v. STATE
(Feb 13, 1976)