Trasti v. State, 470 So. 2d 849

PER CURIAM.

The offense in this case was committed before the effective date of the sentencing guidelines and the record does not show that the appellant affirmatively elected to be sentenced pursuant to the sentencing guidelines (§ 921.001, Fla.Stat. (1983); Fla. R.Crim.P. 3.701) anytime prior to, or during, sentencing proceeding. Therefore, the guideline sentence in this case is vacated and the cause remanded for resentencing.

SENTENCE VACATED; CAUSE REMANDED.

DAUKSCH, ORFINGER and COWART, JJ., concur.

Case Details

Case Name: Trasti v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 13, 1985

Citations: 470 So. 2d 849; 10 Fla. L. Weekly 1460; 1985 Fla. App. LEXIS 14536; No. 84-1582

Docket Number: No. 84-1582

Court Abbreviation: Fla. Dist. Ct. App.