Bardwell v. State, 92-2362
| Decision Date | 28 April 1993 |
| Docket Number | No. 92-2362,92-2362 |
| Citation | 617 So.2d 431 |
| Parties | 18 Fla. L. Week. D1085 Tim BARDWELL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Kendall J. Phillips of Phillips & Gale, P.A., Fort Pierce, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.
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.
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...error that has been corrected on direct appeal in other cases. See Burns v. State, 682 So.2d 675 (Fla. 4th DCA 1996); Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993). The defendant's waiver of the right to pursue these remedies in the trial court and on direct appeal is a procedural de......
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...and Ortiz's public defender in her presence. As in Griffith, she "should not now be heard to complain." Id. at 530. Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993), a direct appeal from a conviction and sentence, is distinguishable. There, we cited to Likely v. State, 583 So.2d 414 (Fl......
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Barton v. State, 96-01195
...(1995), before sentencing the appellant. Based on this and on Burns v. State, 682 So.2d 675 (Fla. 4th DCA 1996), and Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993), the State concedes the We find the State too quick to concede based on the particular facts of this case. Because the ap......
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Harris v. State, 94-2776
...JJ. PER CURIAM. We affirm Harris' convictions but reverse and remand his sentence for resentencing on the authority of Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993). "While the defendant can knowingly waive the requirement of a P.S.I., ... the record in this case does not reveal such......