Diaz v. State

District Court of Appeal of Florida

Diaz v. State

487 So. 2d 1225, 11 Fla. L. Weekly 1162, 1986 Fla. App. LEXIS 7842

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1986

DocketNo. 85-43

StatusPublished

Cited by1 cases

This text of 487 So. 2d 1225 (Diaz v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Diaz v. State, 487 So. 2d 1225, 11 Fla. L. Weekly 1162, 1986 Fla. App. LEXIS 7842 (Fla. Ct. App. 1986).

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Opinion

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.

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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.

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487 So. 2d 1225, 11 Fla. L. Weekly 1162, 1986 Fla. App. LEXIS 7842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-state-fladistctapp-1986.

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