James HOUSEHOLDER, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· December 13, 2017 · Docket Nos. 4D16-2225, 4D16-2226, 4D16-2227 & 4D16-2228
231 So. 3d 490
Syllabus
James HOUSEHOLDER, Appellant, v. STATE of Florida, Appellee. Nos. 4D16-2225, 4D16-2226, 4D16-2227 & 4D16-2228 District Court of Appeal of Florida, Fourth District. [December 13, 2017] Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (738 characters)
Taylor, J. Appellant, James Householder, challenges his sentences for arson, burglary, and criminal mischief. We find merit in appellant’s claim that the trial court erred in failing to order a presentence investigation report (PSI) before sentencing him. Appellant was a first-time felony offender, and thus, Florida Rule of Criminal Procedure 3.710(a) required the trial court to order a PSI before imposing a sentence other than probation. See Albarracin v. State, 112 So.3d 574 (Fla. 4th DCA 2013). Moreover, appellant did not waive the PSI. We therefore reverse appellant’s sentences and remand with instructions for the trial court to order a PSI before re-sentencing appellant. Reversed and Remanded. Warner and Gross, JJ., concur.
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