History
  • No items yet
midpage
Saavedra v. State
478 So. 2d 479
Fla. Dist. Ct. App.
1985
Check Treatment

ON MOTION FOR REHEARING

LETTS, Judge.

The Petition for Rehearing is granted. The original opinion is withdrawn and we substitute the following:

This cause is affirmed. At the conclusion of the trial, appellant elected to postpone a decision on sentencing under the guidelines. At the sentencing hearing in August of 1984, he elected to be sentenced under the guidelines in effect before the July 1, 1984, amendment. He is unable to do so because either the guidelines in existence on the date of the commission of the crime or those in existence on the day of sentencing apply. See Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985). In this case, there were no guidelines in existence on the date the crime took place so that the defendant could only be sentenced according to the guidelines in effect on the date of sentencing. Cone v. State, 469 So.2d 945 (Fla. 5th DCA 1985). The alternative would be to be sentenced outside the guidelines altogether, an option which the defendant did not exercise.

DOWNEY and WALDEN, JJ., concur.

Case Details

Case Name: Saavedra v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 13, 1985
Citation: 478 So. 2d 479
Docket Number: No. 84-1979
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.