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JOHNSON v. STATE

No. 77-340.

355 So.2d 857 (1978)

Danny Demar JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 7, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Warren S. Schwartz, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Ronald A. Dion, Asst. Atty. Gen., for appellee.

Before PEARSON, NATHAN and KEHOE, JJ.

PEARSON, Judge.

The single point to be determined on this appeal is whether a trial judge may refuse to consider a pre-sentence investigation report mandated by Section 921.231, Florida Statutes (1975), and Fla.R.Crim.P. 3.710. We hold that a trial judge's announcement, prior to sentencing and submission of the presentence investigation report, that "... the Court is going to impose the same sentence regardless of the result of the presentence investigation" is a...

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