Johns v. State

District Court of Appeal of Florida

Decided April 20, 1976

District Court of Appeal of Florida · decided 1976-04-20

Relies on Mitchum v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-04-20

How this case has been cited

Cited by 6 later decisions — most recently July 1992

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BOYER, Chief Judge.

¶1By this appeal appellant challenges the judgment and sentence of the trial court which followed a bargained plea of guilty. Although appellant and his attorney specifically waived a presentence investigation, appellant now contends that the trial judge fatally erred in failing to comply with Rule 3.710 RCrP, thus squarely presenting the point which we anticipated but did not specifically answer in Mitchum v. State, Fla.App.1st, 1974, 292 So.2d 620, viz: Whether compliance with said rule may be waived. We hold that it may.

¶2AFFIRMED.

RAWLS and McCORD, JJ., concur.