Buckles v. State

BOYER, Judge.

Appellant, defendant in the trial court, now appeals judgment entered on an adverse jury verdict and the resulting five year sentence imposed without benefit of presentence investigation.

Our review of the record reveals appellant’s attack upon the jury verdict and adjudication of guilt to be without merit. However, as to the failure to require a presentence investigation we must reverse. (See Andrews v. State, Fla.App. 1st 1975, 309 So.2d 576, opinion filed March 20, 1975, and the cases therein cited)

The learned trial judge held that F.S. 921.23, insofar as it is in conflict with…