Cloutier v. State

District Court of Appeal of Florida

Cloutier v. State

930 So. 2d 841, 2006 Fla. App. LEXIS 9646, 2006 WL 1627492

District Court of Appeal of Florida·Decided June 14, 2006·No. No. 3D04-3156·Published

Opinion

PER CURIAM.

Stephen Cloutier (“Cloutier”), appeals his conviction and sentence for felony battery. We affirm the conviction, but reverse Cloutier’s sentence.

The trial judge erred in sentencing Cloutier without first obtaining and considering a presentence investigation report. As a first-time felony offender, Cloutier is entitled to a presentence investigation report before sentencing. See Fla. R.Crim. P. 3.710; see also Gibson v. State, 817 So.2d 1084 (Fla. 1st DCA 2002). Therefore, we remand for resentencing and direct the trial court to order and consider a presentence investigation report.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

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PER CURIAM.

Stephen Cloutier (“Cloutier”), appeals his conviction and sentence for felony battery. We affirm the conviction, but reverse Cloutier’s sentence.

The trial judge erred in sentencing Cloutier without first obtaining and considering a presentence investigation report. As a first-time felony offender, Cloutier is entitled to a presentence investigation report before sentencing. See Fla. R.Crim. P. 3.710; see also Gibson v. State, 817 So.2d 1084 (Fla. 1st DCA 2002). Therefore, we remand for resentencing and direct the trial court to order and consider a presentence investigation report.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

Cloutier v. State, 930 So. 2d 841, 2006 Fla. App. LEXIS 9646, 2006 WL 1627492 (Fla. Ct. App. 2006).

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