Nealy v. State

MILLS, Judge.

Anthony Jerome Nealy appeals from a sentence of five years’ imprisonment, following violation of community control, for attempted lewd and lascivious assault upon a child. Finding Nealy was not given the opportunity to elect to be sentenced pursuant to the sentencing guidelines at the time he was originally sentenced, we vacate the sentence and remand for resentencing.

Nealy was charged in October 1983 with one count of lewd and lascivious assault upon a child under the age of 14, a second degree felony (§ 800.04, Fla.Stat. (1983)). The crime was alleged to have occurred on 4 July…