Roberts v. State

District Court of Appeal of Florida

Roberts v. State

185 So. 3d 542, 2016 Fla. App. LEXIS 362, 2016 WL 104343

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 2016

DocketNo. 1D15-1674

StatusPublished

This text of 185 So. 3d 542 (Roberts 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

Roberts v. State, 185 So. 3d 542, 2016 Fla. App. LEXIS 362, 2016 WL 104343 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is GRANTED only upon the basis of the petitioner’s first argument, that appellate counsel was ineffective for failing to raise ¡the issue that no pre-sentence investigation (“PSI”) was completed prior to.the petitioner’s sentencing. See Fla. R. Crim. P. 3.710(a); Fla. R. App. P. 9.140(2)(A)(ii)d; Hernandez v. State, 137 So.3d 542, 543 (Fla. 4th DCA 2014). Accordingly, the sentence imposed by the trial court is hereby VACATED, and this matter is remanded for resentenc-ing following the completion of a PSI. See Fla. R. Crim. P. 3.710(a).

PETITION GRANTED.

WOLF, LEWIS, and KELSEY, JJ., concur.

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PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is GRANTED only upon the basis of the petitioner’s first argument, that appellate counsel was ineffective for failing to raise ¡the issue that no pre-sentence investigation (“PSI”) was completed prior to.the petitioner’s sentencing. See Fla. R. Crim. P. 3.710(a); Fla. R. App. P. 9.140(2)(A)(ii)d; Hernandez v. State, 137 So.3d 542, 543 (Fla. 4th DCA 2014). Accordingly, the sentence imposed by the trial court is hereby VACATED, and this matter is remanded for resentenc-ing following the completion of a PSI. See Fla. R. Crim. P. 3.710(a).

PETITION GRANTED.

WOLF, LEWIS, and KELSEY, JJ., concur.

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Bluebook (online)

185 So. 3d 542, 2016 Fla. App. LEXIS 362, 2016 WL 104343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-fladistctapp-2016.

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