PHILLIPS v. STATE

No. 88-1917.

550 So.2d 55 (1989)

Robert PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 16, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

In this case the defendant objected to the initial sentence announced by the trial judge, insisting on a "right" to reject probation, which he did not have. See Woods v. State, 542 So.2d 443 (Fla. 5th DCA 1989). Deferring to the objection, the trial judge postponed sentencing and, in the interim, obtained additional information in regard to the timing of the defendant's offenses.

Assuming, arguendo...

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