CLOUTIER v. STATE

No. 3D04-3156.

930 So.2d 841 (2006)

Stephen CLOUTIER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 14, 2006.


Attorney(s) appearing for the Case

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.


PER CURIAM.

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,

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