BURAU v. STATE

No. 76-1256.

353 So.2d 1183 (1977)

Rene Eugene BURAU, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 1, 1978.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Margarita G. Esquiroz and Ronald A. Dion, Asst. Attys. Gen., Miami, and Lonworth Butler, Jr., Legal Intern, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


HAVERFIELD, Judge.

Defendant, Rene Eugene Burau, seeks reversal of an order denying, without an evidentiary hearing, his motion to vacate judgment and sentence of five years in the state penitentiary on the ground that the trial judge had been unduly influenced by extensive prejudicial press publicity and, thus, imposed the sentence upon wrongfully considered criteria.

Defendant was tried non-jury and found guilty of aggravated assault. A pre-sentence investigation...

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