Hatcher v. State
Hatcher argued the trial court erred by sentencing him as a habitual felony offender after probation revocation without conducting a presentence investigation (PSI) as required by section 775.084(3)(a)1. The Third DCA held that because Hatcher had waived his right to a PSI in his original negotiated plea (which also established his HFO eligibility), that waiver carried through to the deferred sentencing proceeding after revocation, and no new or duplicative PSI was required. The court affirmed the denial of his 3.800(b)(2) motion.
Key facts
- Hatcher was convicted and pleaded guilty to charges that established his eligibility as a habitual felony offender (HFO), waiving his right to a presentence investigation (PSI) as part of his negotiated plea agreement.
- Hatcher's probation was revoked, and the trial court imposed HFO sentencing without ordering a new PSI, relying on the waiver executed at the original plea.
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Why it matters
This opinion clarifies that a PSI waiver executed as part of an original negotiated plea extends to a later deferred sentencing proceeding following probation revocation, closing off a common post-conviction argument… — full analysis with a trial
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