Florida District Courts of Appeal, 1996

Burns v. State

Florida District Courts of Appeal · Decided November 6, 1996 · Dell, Glickstein, Oftedal, Richard

682 So. 2d 675; 1996 Fla. App. LEXIS 11639; 1996 WL 637669 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Barton v. State (Fla. Dist. Ct. App. 1998)
Moore v. State (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction for the sale of a substance in lieu of a controlled substance.

The record shows that the trial court sentenced appellant as a habitual offender without having obtained or considered a presen-tence investigation report as required by section 775.084(3)(a), Florida Statutes (1995). Appellant did not waive his right to have the trial court consider such a report.

Accordingly, we reverse appellant’s sentence as a habitual offender. See Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993). We remand this cause for resentencing with leave to the trial court to reconsider appellant’s sentence as a habitual offender in accord with the requirements of section 775.084,-Florida Statutes (1995).

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

GLICKSTEIN and DELL, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.