Roberts v. State
Roberts v. State
185 So. 3d 542; 2016 Fla. App. LEXIS 362; 2016 WL 104343
(Southern Reporter, Third Series)
Roberts v. State
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.