Culver v. State, 4D14–285.
| Decision Date | 22 April 2015 |
| Docket Number | No. 4D14–285.,4D14–285. |
| Citation | 163 So.3d 622 |
| Parties | Derrick CULVER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Derrick CULVER, Appellant
v.
STATE of Florida, Appellee.
No. 4D14–285.
District Court of Appeal of Florida, Fourth District.
April 22, 2015.
Rehearing Denied May 28, 2015.
Margaret A. Benton, Fort Pierce, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Opinion
PER CURIAM.
Rather than continue with his trial, appellant agreed to an open plea to the court one day before his twenty-first birthday in the hope that the court would sentence appellant as a youthful offender for his crimes. In doing so, his counsel waived the preparation of a presentence investigation report, because to obtain one would push sentencing past his birthday and thus eliminate the court's ability to impose a youthful offender sentence. After the court rejected a youthful offender sentence and sentenced him to a substantial prison sentence, appellant moved to vacate his plea, claiming he was entitled to a presentence investigation before the court could
sentence him. The court denied the motion.
We affirm. Although appellant contends that his right to a presentence investigation could not be waived by his attorney, we rejected this same argument in Ortiz v. State, 9 So.3d 774, 776 (Fla. 4th DCA 2009), where we held that the preparation of the presentence investigation in a habitual offender case was a procedural right which did not require a defendant's personal waiver. The same analysis applies to waiver of the presentence investigation required by Florida Rule of Criminal Procedure 3.710. While Albarracin v. State, 112 So.3d 574 (Fla. 4th DCA 2013), relied on by appellant, does state that a presentence investigation is required for youthful offender sentencing, that case did not involve a waiver by defense attorney.
Had the presentence investigation not...
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