Diaz v. State

369 So. 2d 958
Procedural entryThis page is a short order in Diaz v. State. Read the opinion of the Court — 387 So. 2d 978
District Court of Appeal of Florida·Decided November 14, 1978·No. No. 78-1581·Published

Opinion

PER CURIAM.

Upon review of the record and pleadings before this court, we affirm the action of the trial judge in denying appellant’s motion to vacate, pursuant to Fla.R.Crim.P. 3.850 as to the adjudication of guilt, but return the matter to the trial court to determine whether a pre-sentence report is necessary1 and, if so, with directions to set aside the sentence, order a pre-sentence report, and subsequent to review thereof impose a proper sentence.

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Diaz v. State, 369 So. 2d 958 (Fla. Ct. App. 1978).

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