Green v. State

474 So. 2d 17 | Fla. Dist. Ct. App. | 1985

PER CURIAM.

We find that the record fails to disclose that defendant affirmatively selected to be sentenced under the guidelines. See In re Rules of Criminal Procedure, 439 So.2d 848 (Fla.1983); Kimsey v. State, 467 So.2d 333 (Fla.2d DCA 1985). Therefore, we remand for resentencing pursuant to the rule.

DOWNEY and HURLEY, JJ., and RIVKIND, LEONARD, Associate Judge, concur.