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DAVENPORT v. STATE

No. Y-147.

317 So.2d 851 (1975)

Robert Allen DAVENPORT, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

August 28, 1975.

Attorney(s) appearing for the Case

James Ron Shelley, Public Defender; Ernest L. Cotton, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.

MILLS, Judge.

The question raised by this appeal is whether the trial court erred in imposing a sentence on Davenport without the benefit of a presentence investigation and recommendation where the record does not show a previous felony offense. The trial court erred. Angel v. State, 305 So.2d 283 (Fla. App.1st, 1974).

The record in this case is silent as to a previous felony offense. Rule 3.170, Florida Rules of...

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