TIM BARDWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TIM BARDWELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
617 So. 2d 431
Florida District Court of Appeal, Fourth District (1993)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction of appellant but reverse the sentence because of the trial court’s failure to follow the mandatory provisions of section 775.084(3)(a), Florida Statutes (1991), which require the trial court to obtain a presentence investigation prior to sentencing a defendant as an habitual felony offender. While the defendant can knowingly waive the requirement of a P.S.I., see Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991), the record in this case does not reveal such a waiver. Reversed and remanded for resentencing.
ANSTEAD, HERSEY and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. State, 768 So. 2d 1140 (Fla. 1st DCA 2000)…ted on direct appeal.2 Failure to order a presentence investigation as required by section 775.084(3)(a)l is an error that has been corrected on direct appeal in other cases. See Burns v. State, 682 So. 2d 675 (Fla. 4th DCA 1996); Bardwell v. State, 617 So. 2d 431 (Fla. 4th DCA 1993). The defendant’s waiver of the right to pursue these remedies in the trial court and on direct appeal is a procedural default that serves as a bar to consideration of the issue in a subsequent postconviction motion under rule 3.8…
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Ortiz v. State, 9 So. 3d 774 (Fla. 4th DCA 2009)…case, defense counsel waived the PSI not only once but twice. It was discussed by the court, the state attorney, and Ortiz’s public defender in her presence. As in Griffith, she “should not now be heard to complain.” Id. at 530. Bardwell v. State, 617 So. 2d 431 (Fla. 4th DCA 1993), a direct appeal from a conviction and sentence, is distinguishable. There, we cited to Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991), for the proposition that a defendant can “knowingly waive” the right to a PSI, but we fo…
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Barton v. State, 706 So. 2d 399 (Fla. 2d DCA 1998)…l court did not have a presentence investigation report as required by section 775.0849(3)(a)l, Florida Statutes (1995), before sentencing the appellant. Based on this and on Burns v. State, 682 So. 2d 675 (Fla. 4th DCA 1996), and Bardwell v. State, 617 So. 2d 431 (Fla. 4th DCA 1993), the State concedes the error. [*400] We find the State too quick to concede based on the particular facts of this case. Because the appellant bargained for a habitual offender sentence and signed the plea form which clearly cont…
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- Likely v. State, 583 So. 2d 414 (Fla. 1st DCA 1991)