Brunson v. State

Full title: DAVID BRUNSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 10, 1978

355 So. 2d 812 (Fla. Dist. Ct. App. 1978)

Opinion

No. 76-1877.

January 10, 1978.

Appeal from the Circuit Court for Dade County, Leonard Rivkind, J.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Arthur Joel Berger, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and NATHAN, JJ.

NATHAN, Judge.

The trial court erred in imposing a sentence of imprisonment upon the defendant pursuant to an order of revocation of probation where the defendant was a juvenile and a first felony offender at the time of the sentencing, and the court refused to order a presentence investigation in violation of Fla.R.Crim.P. 3.710. Andrews v. State, 309 So.2d 576 (Fla. 1st DCA 1975).

Reversed and remanded for resentencing.