Johns v. State, 330 So. 2d 526

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.

Case Details

Case Name: Johns v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 20, 1976

Citations: 330 So. 2d 526; 1976 Fla. App. LEXIS 15033; No. AA-130

Docket Number: No. AA-130

Court Abbreviation: Fla. Dist. Ct. App.