Davies v. State

Full title: VERNON DAVIES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Mar 24, 1977

343 So. 2d 965 (Fla. Dist. Ct. App. 1977)

Opinion

No. EE-33.

March 24, 1977.

Appeal from the Circuit Court, Taylor County, Arvel Drury, J.

Richard W. Ervin, III, Public Defender, and Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The State conceding in argument that the trial court disregarded appellant's age of seventeen years when sentencing him to imprisonment without a presentence investigation, the sentence is vacated and the case is remanded for proceedings complying with Fla.R.Crim.P. 3.710. Andrews v. State, 309 So.2d 576 (Fla.1st DCA 1975).

REVERSED.

BOYER, C.J., and MILLS and SMITH, JJ., concur.