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THOMAS v. STATE

No. 76-2465.

356 So.2d 846 (1978)

John Arthur THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 10, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler, and Larry S. Weaver, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., West Palm Beach, for appellee.

DAUKSCH, Judge.

Appellant was convicted of robbery and sentenced to life imprisonment with a minimum of three years since a gun was used. Section 775.087, Florida Statutes (1975). At the time of sentencing the trial judge said:

"Well, the Court would like to have discretion to order such a presentence investigation report, but the language of Section 775.087 specifically provides that the Court shall proceed, notwithstanding the provision of Chapter 948.01...

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