Salmons v. State

District Court of Appeal of Florida

Salmons v. State

489 So. 2d 1249, 11 Fla. L. Weekly 1443, 1986 Fla. App. LEXIS 8820

District Court of Appeal of Florida·Decided June 25, 1986·No. No. 85-2230·Published

Opinion

HALL, Judge.

We find merit in appellant’s argument that the trial court erred in sentencing him pursuant to the guidelines absent his affirmative selection thereof.

Accordingly, we remand with directions that the sentence in this case be modified to reflect that it is not a guidelines sentence. Hart v. State, 464 So.2d 592 (Fla. 2d DCA 1985). The judgment and sentence is affirmed in all other respects.

SCHEB, A.C.J., and DANAHY, J., concur.

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HALL, Judge.

We find merit in appellant’s argument that the trial court erred in sentencing him pursuant to the guidelines absent his affirmative selection thereof.

Accordingly, we remand with directions that the sentence in this case be modified to reflect that it is not a guidelines sentence. Hart v. State, 464 So.2d 592 (Fla. 2d DCA 1985). The judgment and sentence is affirmed in all other respects.

SCHEB, A.C.J., and DANAHY, J., concur.

Salmons v. State, 489 So. 2d 1249, 11 Fla. L. Weekly 1443, 1986 Fla. App. LEXIS 8820 (Fla. Ct. App. 1986).

Pincite

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Opinion

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