BURNS v. STATE

No. 96-0226.

682 So.2d 675 (1996)

James BURNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 6, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction for the sale of a substance in lieu of a controlled substance.

The record shows that the trial court sentenced appellant as a habitual offender without having obtained or considered a presentence investigation report as required by section 775.084(3)(a), Florida Statutes (1995). Appellant did not waive his right to have the trial court consider such a report.

Accordingly, we reverse appellant's sentence...

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