¶1A 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.
326 So. 2d 453
Deoca v. State
District Court of Appeal of Florida
Decided February 13, 1976
District Court of Appeal of Florida · decided 1976-02-13
Cited by 3 later decisions — most recently March 1986
3 state decisions
Relies on Baxley v. State · Buckles v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1976-02-13
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