Watson v. State

District Court of Appeal of Florida

Watson v. State

371 So. 2d 237, 1979 Fla. App. LEXIS 15087

CourtDistrict Court of Appeal of Florida

DecidedJune 1, 1979

DocketNo. LL-352

StatusPublished

Cited by1 cases

This text of 371 So. 2d 237 (Watson 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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Watson v. State, 371 So. 2d 237, 1979 Fla. App. LEXIS 15087 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Donald Watson appeals his judgment and sentence on second degree grand theft and petit theft, challenging the sufficiency of the evidence to support the conviction and the sentencing procedure. We affirm the judgment, finding that the evidence, though circumstantial, was sufficient to support the conviction. We must, however, vacate the sentence and remand.

Rule 3.710, Fla.R.Crim.P., provides that the court may not impose any discretionary sentence other than probation on any defendant who is found guilty of his first felony or who is under the age of eighteen years until after a presentence investigation report has been prepared and considered. The record in this case establishes that appellant was over eighteen years of age, but does not show a prior felony conviction. No PSI was considered. Under the circumstances we must vacate the sentence and remand this case to the trial court for resentencing under Rule 3.710. Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976).

MILLS, Acting C. J., and ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.

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PER CURIAM.

Donald Watson appeals his judgment and sentence on second degree grand theft and petit theft, challenging the sufficiency of the evidence to support the conviction and the sentencing procedure. We affirm the judgment, finding that the evidence, though circumstantial, was sufficient to support the conviction. We must, however, vacate the sentence and remand.

Rule 3.710, Fla.R.Crim.P., provides that the court may not impose any discretionary sentence other than probation on any defendant who is found guilty of his first felony or who is under the age of eighteen years until after a presentence investigation report has been prepared and considered. The record in this case establishes that appellant was over eighteen years of age, but does not show a prior felony conviction. No PSI was considered. Under the circumstances we must vacate the sentence and remand this case to the trial court for resentencing under Rule 3.710. Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976).

MILLS, Acting C. J., and ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.

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371 So. 2d 237, 1979 Fla. App. LEXIS 15087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-state-fladistctapp-1979.

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