Clarke v. State

Defendant, Clarke appeals from a conviction for aggravated assault and his sentence for five years.

After conviction, his request, by private counsel, for a pre-sentence investigation was not granted by the trial judge. He asserts the denial of this request was reversible error under Rule 1.780, “Cr.PR”, 33 F.S.A.

We do not agree. The rule requires the court under certain circumstances, to inquire into mitigating or aggravating circumstances prior to sentencing a convicted defendant. The rule requires in pertinent part:

“When the court has discretion as to the penalty to be inflicted on the…