Randi v. State

538 So. 2d 976, 14 Fla. L. Weekly 529, 1989 Fla. App. LEXIS 897, 1989 WL 13618

Opinion

PER CURIAM.

Appellant correctly contends that the three year sentence of incarceration for the crime of grand theft committed September 25, 1981 should not have been a guidelines sentence because he did not affirmatively select to be sentenced under the guidelines. On the contrary, the record affirmatively shows that appellant rejected a guidelines sentence. Therefore, appellant’s motion to correct illegal sentence should have been granted to reflect that his sentence was a non-guidelines sentence, and the order appealed from is modified to that extent. Except as so modified, the order denying relief is

AFFIRMED.

DAUKSCH, ORFINGER and GOSHORN, JJ., concur.