Loyola v. State

District Court of Appeal of Florida

Loyola v. State

471 So. 2d 221, 10 Fla. L. Weekly 1617, 1985 Fla. App. LEXIS 14673

CourtDistrict Court of Appeal of Florida

DecidedJune 28, 1985

DocketNo. 84-2078

StatusPublished

This text of 471 So. 2d 221 (Loyola 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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Loyola v. State, 471 So. 2d 221, 10 Fla. L. Weekly 1617, 1985 Fla. App. LEXIS 14673 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Defendant, who was sentenced under the sentencing guidelines, contends on appeal [222]*222that the offense occurred before October 1, 1983, and that he did not affirmatively elect guidelines sentencing. Since the record is unclear as to whether or not defendant elected to be sentenced under the guidelines, we remand for another sentencing hearing. See Jordan v. State, 460 So.2d 477 (Fla. 2d DCA 1984).

CAMPBELL, A.C.J., and SCHOON-OVER and LEHAN, JJ., concur.

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PER CURIAM.

Defendant, who was sentenced under the sentencing guidelines, contends on appeal [222]*222that the offense occurred before October 1, 1983, and that he did not affirmatively elect guidelines sentencing. Since the record is unclear as to whether or not defendant elected to be sentenced under the guidelines, we remand for another sentencing hearing. See Jordan v. State, 460 So.2d 477 (Fla. 2d DCA 1984).

CAMPBELL, A.C.J., and SCHOON-OVER and LEHAN, JJ., concur.

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Bluebook (online)

471 So. 2d 221, 10 Fla. L. Weekly 1617, 1985 Fla. App. LEXIS 14673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loyola-v-state-fladistctapp-1985.

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