Johns v. State

District Court of Appeal of Florida

Johns v. State

330 So. 2d 526, 1976 Fla. App. LEXIS 15033

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1976

DocketNo. AA-130

StatusPublished

Cited by2 cases

This text of 330 So. 2d 526 (Johns v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johns v. State, 330 So. 2d 526, 1976 Fla. App. LEXIS 15033 (Fla. Ct. App. 1976).

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Opinion

BOYER, Chief Judge.

By 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.

AFFIRMED.

RAWLS and McCORD, JJ., concur.

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BOYER, Chief Judge.

By 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.

AFFIRMED.

RAWLS and McCORD, JJ., concur.

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330 So. 2d 526, 1976 Fla. App. LEXIS 15033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johns-v-state-fladistctapp-1976.

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