JAMES HOUSEHOLDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2017-12-13
Nos. 4D16-2225, 4D16-2226, 4D16-2227 & 4D16-2228
Warner and Gross, JJ., concur.
231 So. 3d 490 Florida District Court of Appeal, Fourth District (2017) Positive Treatment
Cited by 3 cases
Opinion of the Court
Taylor, J.

Taylor, J.

Appellant, James Householder, challenges his sentences for arson, burglary, and criminal mischief. We find merit in appellant’s claim that the trial court erred in failing to order a presentence investigation report (PSI) before sentencing him. Appellant was a first-time felony offender, *491and 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, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Nickolas White v. State, 271 So. 3d 1023 (Fla. 4th DCA 2019)
    …ction 921.1401 does not violate the Sixth Amendment under Apprendi. Conclusion In sum, we reverse appellant’s sentence and remand with instructions for the trial court to order a PSI before resentencing appellant. See Householder v. State, 231 So. 3d 490, 490–91 (Fla. 4th DCA 2017). On all other issues, we affirm. Affirmed in part, Reversed in part, and Remanded. CIKLIN and LEVINE, JJ., concur. 6 * * * Not final until disposition of timely filed motion for reh…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw