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Cloutier v. State

District Court of Appeal of Florida, Third District
Jun 14, 2006
930 So. 2d 841 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D04-3156.

June 14, 2006.

An Appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge.

Maury Halperin, for appellant.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN, and WELLS, JJ.


Stephen Cloutier ("Cloutier"), appeals his conviction and sentence for felony battery. We affirm the conviction, but reverse Cloutier's sentence.

The trial judge erred in sentencing Cloutier without first obtaining and considering a presentence investigation report. As a first-time felony offender, Cloutier is entitled to a presentence investigation report before sentencing. See Fla.R.Crim.P. 3.710; see also Gibson v. State, 817 So.2d 1084 (Fla. 1st DCA 2002). Therefore, we remand for resentencing and direct the trial court to order and consider a presentence investigation report.

Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.


Summaries of

Cloutier v. State

District Court of Appeal of Florida, Third District
Jun 14, 2006
930 So. 2d 841 (Fla. Dist. Ct. App. 2006)
Case details for

Cloutier v. State

Case Details

Full title:Stephen CLOUTIER, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 14, 2006

Citations

930 So. 2d 841 (Fla. Dist. Ct. App. 2006)