NELSON ANTONIO HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-08-24
No. 93-3060
GLICKSTEIN and STONE, JJ., concur., ANSTEAD, J., dissents with opinion.
641 So. 2d 195 Florida District Court of Appeal, Fourth District (1994) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Appellant’s argument upon the first point on appeal is not persuasive. As for the second point on appeal, although neither party called to our attention the trial court’s statement at sentencing that it had ordered, received and reviewed a PSI, our search of the record reveals such. The trial court’s consideration of the PSI satisfied section 921.001(5), Florida Statutes (1991), which, under the facts of this case, required due consideration of the criteria set out in section 921.005(1). See Mancini v. State, 593 So. 2d 1122, 1124 (Fla. 4th DCA 1992).

GLICKSTEIN and STONE, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting.

On the sentencing issue, I would remand for the statutorily mandated consideration of the criteria set out in section 921.005(1).


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