EPPRECHT v. STATE

No. 84-494.

488 So.2d 129 (1986)

Wayne J. EPPRECHT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 6, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


DANIEL S. PEARSON, Judge.

The State and the defendant propose that the test to be applied by a reviewing court in respect to the primary sentencing issue here involved is that the State has the burden to show from the record as a whole that the trial judge did not rely upon impermissible considerations in passing sentence upon the defendant where portions of the record reflect that the trial judge may have so relied. We adopt this as the proper test and, applying...

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