Bardwell v. State, 617 So. 2d 431

PER CURIAM.

We affirm the conviction of appellant but reverse the sentence because of the trial court‘s failure to follow the mandatory provisions of section 775.084(3)(a), Florida Statutes (1991), which require the trial court to obtain a presentence investigation prior to sentencing a defendant as an habitual felony offender. While the defendant can knowingly waive the requirement of a P.S.I., see Likely v. State, 583 So.2d 414 (Fla. 1st DCA 1991), the record in this case does not reveal such a waiver.

Reversed and remanded for resentencing.

ANSTEAD, HERSEY and WARNER, JJ., concur.

Case Details

Case Name: Bardwell v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 28, 1993

Citations: 617 So. 2d 431; 1993 WL 130955; 92-2362

Docket Number: 92-2362

Court Abbreviation: Fla. Dist. Ct. App.