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PORTER v. STATE

No. 76-2381.

354 So.2d 470 (1978)

Mikeal PORTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 31, 1978.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita Esquiroz, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and HENDRY and KEHOE, JJ.

HAVERFIELD, Chief Judge.

This appeal raises the question of whether a defendant is entitled to have counsel present during his pre-sentence investigation interview with the probation and parole commission.

Defendant following a jury trial was found guilty of possession of heroin. The trial judge then ordered a pre-sentence investigation (P.S.I.) pursuant to Fla.R. Crim.P. 3.710. Subsequently, defense counsel's motion...

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