Diaz v. State, 487 So. 2d 1225

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.

Case Details

Case Name: Diaz v. State

Court Name: District Court of Appeal of Florida

Date Published: May 14, 1986

Citations: 487 So. 2d 1225; 11 Fla. L. Weekly 1162; 1986 Fla. App. LEXIS 7842; No. 85-43

Docket Number: No. 85-43

Court Abbreviation: Fla. Dist. Ct. App.