Utsey v. State

McCORD, GUYTE P„ Jr. (Ret.), Associate Judge.

Utsey appeals from a sentence imposed under the guidelines, following the revocation of his probation, on the grounds that he never affirmatively elected to be sentenced under the guidelines. We reverse.

Utsey was placed on probation prior to 1 October 1983, the date the sentencing guidelines became effective, and therefore was entitled to elect to be sentenced under the guidelines upon revocation of his probation. Section 921.001(4)(a), Florida Statutes (1983); Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). The only relevant testimony…