JOSHUA ALBARRACIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed conviction for aggravated child abuse but vacated sentence and remanded for presentence investigation report, which was mandatory for a first-time felony offender and youthful offender-eligible defendant.
A trial court must order a presentence investigation report before sentencing a first-time felony offender or youthful offender-eligible defendant to more than probation.
[1] A trial court's failure to order a mandatory presentence investigation report before sentencing a first-time felony offender or youthful offender-eligible defendant const…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of aggravated child abuse. He was a first-time felony offender and eligible for youthful offender sentencing.…
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We affirm appellant’s conviction for aggravated child abuse. However, we vacate the sentence and remand with instructions to order a presentence investigation report (PSI) before re-sentencing appellant.1 Be*575cause appellant was a first-time felony offender, Florida Rule of Criminal Procedure 3.170(a) required the trial court to first order a PSI before sentencing appellant to more than probation.2 Also, because appellant was eligible for Youthful Offender sentencing, section 958.07, Florida Statutes (2011), required the trial court to order a PSI before sentencing appellant. See Bready v. State, 430 So.2d 997, 997 (Fla. 4th DCA 1983) (vacating sentence and remanding with instructions to order a presentence investigation pursuant to the mandatory provisions of the 1979 Florida Youthful Offender Act).
Affirmed, in part; Reversed in part; and Remanded.
MAY, C.J., TAYLOR and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hernandez v. State, 137 So. 3d 542 (Fla. 4th DCA 2014)…tive for failing to file such a motion). He claims that counsel should have preserved for appellate review an error arising from the trial court’s failure to order preparation of a presentencing investigation report (“PSI”). See Albarracin v. State, 112 So. 3d 574, 574 n. 1 (Fla. 4th DCA 2013) (“The trial court’s failure to consider a mandatory presentence investigation report before sentencing a defendant is a sentencing error that can be preserved via the filing of a rule 3.800(b) motion.”). We grant the pe…
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Householder v. State, 231 So. 3d 490 (Fla. 4th DCA 2017)…t (PSI) before sentencing him. Appellant was a first-time felony offender, [*491] and thus, Florida Rule of Criminal Procedure 3.710(a) required the trial court to order a PSI before imposing a sentence other than probation. See Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013). Moreover, appellant did not waive the PSI. We therefore reverse appellant’s sentences and remand with instructions for the trial court to order a PSI before re-sentencing appellant. Reversed and Remanded. Warner and Gross…
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Nickolas White v. State, 271 So. 3d 1023 (Fla. 4th DCA 2019)…5 (Fla. 4th DCA 2014). “The trial court’s failure to consider a mandatory presentence investigation report before sentencing a defendant is a sentencing error that can be preserved via the filing of a rule 3.800(b) motion.” Albarracin v. State, 112 So. 3d 574, 574 n.1 (Fla. 4th DCA 2013). In this case, the trial court had the discretion to sentence appellant anywhere between 40 years in prison and life in prison. See § 775.082(1)(b)1., Fla. Stat. (2017) (prescribing the sentencing range for a juv…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 61 So. 3d 1238 (Fla. 1st DCA 2011)
- Bready v. State, 430 So. 2d 997 (Fla. 4th DCA 1983)