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TUTHILL v. STATE

No. 85-82.

478 So.2d 409 (1985)

Harold TUTHILL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 1985.

Attorney(s) appearing for the Case

Fine, Jacobson, Schwartz, Nash, Block & England and Kevin Emas and Theodore Klein, Miami, for appellant.

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.

BASKIN, Judge.

The record reveals that appellant Tuthill was not afforded an opportunity to be heard on the question of the severity of the sentence to be imposed. The transcript discloses the following colloquy:

THE COURT: All right, Mr. Tuthill, is there anything you care to say before I impose sentence? Anything you want to say before I sentence you? THE DEFENDANT: On probation? THE COURT: Yes. MR. DIEGUEZ: He didn't violate...

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