Mack v. State

Prior to October 1, 1983, appellant was placed on probation on a burglary offense and a grand theft offense and violated his probation. On October 1, 1983, the Florida sentencing guidelines became effective. See § 921.001, Fla.Stat. (1983), and Fla.R. Crim.P. 3.701. As permitted by the guidelines, by formal document dated November 16, 1983, appellant elected to be sentenced under the sentencing guidelines. The sen-*350fencing guideline scoresheet, showing a point total of 34 and a recommended guideline sentence of “any non-state prison sanction,” was prepared by the State, agreed to by the…