DAVID B. ROBERTS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DAVID B. ROBERTS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
185 So. 3d 542
Florida District Court of Appeal, First District (2016)
Opinion of the Court
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.