Florida District Courts of Appeal, 1976

Johns v. State

Johns v. State
Florida District Courts of Appeal · Decided April 20, 1976 · Boyer, McCord, Rawls
330 So. 2d 526; 1976 Fla. App. LEXIS 15033 (Southern Reporter, Second Series)

Johns v. State

Opinion of the Court

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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