Florida District Courts of Appeal, 1994

Hernandez v. State

Hernandez v. State
Florida District Courts of Appeal · Decided August 24, 1994 · Anstead, Glickstein, Stone
641 So. 2d 195; 1994 Fla. App. LEXIS 8384; 1994 WL 457162 (Southern Reporter, Second Series)

Hernandez v. State

Opinion of the Court

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.

Dissenting Opinion

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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