Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1978

Diaz v. State

Diaz v. State
Florida District Courts of Appeal · Decided November 14, 1978 · Barkdull, Hubbart, Pearson
369 So. 2d 958 (Southern Reporter, Second Series)

Diaz v. State

Opinion of the Court

PER CURIAM.

Upon review of the record and pleadings before this court, we affirm the action of the trial judge in denying appellant’s motion to vacate, pursuant to Fla.R.Crim.P. 3.850 as to the adjudication of guilt, but return the matter to the trial court to determine whether a pre-sentence report is necessary1 and, if so, with directions to set aside the sentence, order a pre-sentence report, and subsequent to review thereof impose a proper sentence.

. Grubbs v. State, 311 So.2d 411 (Fla. 2d DCA 1975); Davenport v. State, 317 So.2d 851 (Fla. 1st DCA 1975); Beverly v. State, 330 So.2d 527 (Fla. 1st DCA 1976).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑