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MASON v. STATE

No. 78-77.

366 So.2d 171 (1979)

Geneva MASON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 16, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Kurt Marmar, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY and HUBBART, JJ., and EZELL, BOYCE F., Jr., Associate Judge.

PER CURIAM.

Appellant was convicted of simple battery after a jury trial. She was adjudicated guilty and given the maximum sentence of one year in jail. We affirm the conviction but remand the cause for a sentencing hearing as required by Fla.R.Crim.P. 3.720.

The requirement of a sentencing hearing is mandatory under the rule and may not be omitted at the discretion of the trial court. Mask v. State, 289 So.2d 385

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