Monte v. State

District Court of Appeal of Florida

Monte v. State

458 So. 2d 1234, 9 Fla. L. Weekly 2498, 1984 Fla. App. LEXIS 16414

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 1984

DocketNo. 84-510

StatusPublished

This text of 458 So. 2d 1234 (Monte 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.

Bluebook

Monte v. State, 458 So. 2d 1234, 9 Fla. L. Weekly 2498, 1984 Fla. App. LEXIS 16414 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

In requesting permission of this court to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender suggests that the record is not clear as to whether appellant elected to be sentenced under the sentencing guidelines or if counsel was simply requesting that the court take into account what the sentence would be if the guidelines were used. However, it is clear from the record that appellant, whose crimes were committed prior to October 1, 1983, never “affirmatively selected” to be sentenced under the guidelines. We are convinced that the court did not intend for appellant’s sentence to be under the guidelines.

Affirmed.

RYDER, C.J., and GRIMES, J., and LOGAN, PAUL E., Associate Judge, concur.

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PER CURIAM.

In requesting permission of this court to withdraw as counsel of record pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender suggests that the record is not clear as to whether appellant elected to be sentenced under the sentencing guidelines or if counsel was simply requesting that the court take into account what the sentence would be if the guidelines were used. However, it is clear from the record that appellant, whose crimes were committed prior to October 1, 1983, never “affirmatively selected” to be sentenced under the guidelines. We are convinced that the court did not intend for appellant’s sentence to be under the guidelines.

Affirmed.

RYDER, C.J., and GRIMES, J., and LOGAN, PAUL E., Associate Judge, concur.

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Bluebook (online)

458 So. 2d 1234, 9 Fla. L. Weekly 2498, 1984 Fla. App. LEXIS 16414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monte-v-state-fladistctapp-1984.

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