From Casetext: Smarter Legal Research

Trickey v. State

District Court of Appeal of Florida, First District
Oct 4, 1979
375 So. 2d 363 (Fla. Dist. Ct. App. 1979)

Opinion

No. NN-334.

October 4, 1979.

Appeal from the Circuit Court, Washington County, W.L. Bailey, J.

Owen N. Powell of Powell Roberts, Bonifay, for appellant.

Jim Smith, Atty. Gen. and Charles A. Stampelos, Asst. Atty. Gen., for appellee.


We affirm appellant's convictions, but remand for resentencing to provide appellant an opportunity to study and make known to the sentencing court any errors which may appear in the presentence investigation report. The report was disclosed only a few minutes before the sentencing hearing and the trial court erred in failing to defer sentencing upon defense counsel's request. See Guglielmo v. State, 318 So.2d 526 (Fla. 1st DCA 1975); Fla.R.Crim.P. 3.713. Remanded for resentencing.

McCORD, Acting C.J., SHIVERS, J., and MASON, ERNEST E., Associate Judge, concur.


Summaries of

Trickey v. State

District Court of Appeal of Florida, First District
Oct 4, 1979
375 So. 2d 363 (Fla. Dist. Ct. App. 1979)
Case details for

Trickey v. State

Case Details

Full title:BARNEY McCOY TRICKEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 4, 1979

Citations

375 So. 2d 363 (Fla. Dist. Ct. App. 1979)