Shultz v. State

District Court of Appeal of Florida

Shultz v. State

567 So. 2d 48, 1990 Fla. App. LEXIS 7389

CourtDistrict Court of Appeal of Florida

DecidedSeptember 26, 1990

DocketNo. 88-03476

StatusPublished

This text of 567 So. 2d 48 (Shultz 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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Shultz v. State, 567 So. 2d 48, 1990 Fla. App. LEXIS 7389 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm appellant’s convictions for five separate drug-related offenses, as well as the concurrent five-year sentences imposed after he was found guilty of violating probation. However, we remand for correction of the written sentencing forms to reflect that this is not a guideline sentence. The offenses for which appellant was [49]*49charged took place prior to the effective date of sentencing guidelines, and the record contains no evidence that appellant affirmatively requested a guideline sentence. See, e.g., Jackson v. State, 478 So.2d 515 (Fla. 2d DCA 1985).

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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PER CURIAM.

We affirm appellant’s convictions for five separate drug-related offenses, as well as the concurrent five-year sentences imposed after he was found guilty of violating probation. However, we remand for correction of the written sentencing forms to reflect that this is not a guideline sentence. The offenses for which appellant was [49]*49charged took place prior to the effective date of sentencing guidelines, and the record contains no evidence that appellant affirmatively requested a guideline sentence. See, e.g., Jackson v. State, 478 So.2d 515 (Fla. 2d DCA 1985).

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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567 So. 2d 48, 1990 Fla. App. LEXIS 7389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shultz-v-state-fladistctapp-1990.

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