Burns v. State

District Court of Appeal of Florida

Burns v. State

682 So. 2d 675, 1996 Fla. App. LEXIS 11639, 1996 WL 637669

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1996

DocketNo. 96-0226

StatusPublished

Cited by2 cases

This text of 682 So. 2d 675 (Burns v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. State, 682 So. 2d 675, 1996 Fla. App. LEXIS 11639, 1996 WL 637669 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s conviction for the sale of a substance in lieu of a controlled substance.

The record shows that the trial court sentenced appellant as a habitual offender without having obtained or considered a presen-tence investigation report as required by section 775.084(3)(a), Florida Statutes (1995). Appellant did not waive his right to have the trial court consider such a report.

Accordingly, we reverse appellant’s sentence as a habitual offender. See Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993). We remand this cause for resentencing with leave to the trial court to reconsider appellant’s sentence as a habitual offender in accord with the requirements of section 775.084,-Florida Statutes (1995).

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

GLICKSTEIN and DELL, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

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