Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013). · Go Syfert
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Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013). Cases Citing This Book View Copy Cite
“the trial court's failure to consider a mandatory presentence investigation report before sentencing a defendant is a sentencing error that can be preserved via the filing of a rule 3.800(b) motion.”
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Hernandez v. State (fladistctapp, 2014-04-09)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (quoted) Hernandez v. State
Fla. Dist. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court's failure to consider a mandatory presentence investigation report before sentencing a defendant is a sentencing error that can be preserved via the filing of a rule 3.800(b) motion.
cited Cited "see" JAMES HOUSEHOLDER v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Albarracin v. State, 112 So. 3d 574 (Fla. 4th DCA 2013).
Retrieving the full opinion text from the archive…
Joshua ALBARRACIN
v.
STATE of Florida
No. 4D12-294.
District Court of Appeal of Florida, Fourth District.
Apr 10, 2013.
112 So. 3d 574
Brett D. McIntosh, Sarasota, for appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
Gerber, Taylor.
Cited by 6 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.

We affirm appellant’s conviction for aggravated child abuse. However, we vacate the sentence and remand with instructions to order a presentence investigation report (PSI) before re-sentencing appellant.[1] Be[*575] cause appellant was a first-time felony offender, Florida Rule of Criminal Procedure 3.170(a) required the trial court to first order a PSI before sentencing appellant to more than probation.[2] Also, because appellant was eligible for Youthful Offender sentencing, section 958.07, Florida Statutes (2011), required the trial court to order a PSI before sentencing appellant. See Bready v. State, 430 So.2d 997, 997 (Fla. 4th DCA 1983) (vacating sentence and remanding with instructions to order a presentence investigation pursuant to the mandatory provisions of the 1979 Florida Youthful Offender Act).

Affirmed, in part; Reversed in part; and Remanded.

MAY, C.J., TAYLOR and GERBER, JJ., concur.
1

The trial court’s failure to consider a mandatory presentence investigation report before[*575] sentencing a defendant is a sentencing error that can be preserved via the filing of a rule 3.800(b) motion. Brown v. State, 61 So.3d 1238, 1238 (Fla. 1st DCA 2011).

2

Florida Rule of Criminal Procedure 3.710(a) provides:

No sentence or sentences other than probation shall be imposed on any defendant found guilty of a first felony offense or found guilty of a felony while under the age of 18 years, until after such investigation has first been made and the recommendations of the Department of Corrections received and considered by the sentencing judge.