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McCOY v. STATE

No. EE-18.

344 So.2d 250 (1977)

Darlene McCOY, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 1977.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Richard W. Prospect, Asst. Atty. Gen., for appellee.

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...

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