Burns v. State

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 presen-tence 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 as a habitual offender. See Bardwell v. State, 617 So.2d 431 (Fla. 4th DCA 1993). We remand this cause for resentencing with leave to the trial court to…