Diaz v. State

487 So. 2d 1225 | Fla. Dist. Ct. App. | 1986

PER CURIAM.

Appellant’s sentence is affirmed. Although a sentencing guidelines scoresheet and a written memorandum setting forth reasons for departure appear in the record, appellant’s sentence is not a guidelines sentence because the offense was committed prior to October 1, 1983, and appellant did not affirmatively select to be sentenced under the guidelines. See Johnson v. State, 486 So.2d 632 (Fla. 2d DCA 1986).

GRIMES, A.C.J., and SCHEB and SANDERLIN, JJ., concur.