McCoy v. State

MILLS, Judge.

A jury found McCoy guilty of third degree arson. Judge Booth presided. Subsequently, McCoy was sentenced to ten years in the state prison by Judge Swigert. McCoy contends that Judge Swigert failed to comply with Fla.R.Crim.P. 3.700(c) which provides:

“In those cases where it is necessary that sentence be pronounced by a judge other than the judge who presided at trial, . the sentencing judge shall not pass sentence until he shall have acquainted himself with what transpired at the trial or the facts, . . .”

Although the transcript of the sentencing indicates Judge Swigert had some…