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DIAZ v. STATE

No. 78-1581.

369 So.2d 958 (1978)

Jesse F. DIAZ, a/K/a George N. Feder, a/K/a Jesse Francis Diaz, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 14, 1978.

Attorney(s) appearing for the Case

George E. Tragos, Clearwater, for appellant.

Robert L. Shevin, Atty. Gen., for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.

PER CURIAM.

Upon review of the record and pleadings before this court, we affirm the action of the trial judge in denying appellant's motion to vacate, pursuant to Fla.R.Crim.P. 3.850 as to the adjudication of guilt, but return the matter to the trial court to determine whether a pre-sentence report is necessary1 and, if so, with directions to set aside the sentence, order a pre-sentence report, and subsequent to review thereof impose...

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