McGrath v. State

SMITH, Judge.

Appellant, a youthful offender, appeals his sentence imposed subsequent to the revocation of community control. He raises as error the trial court’s refusal to sentence him in accordance with the new sentencing guidelines. Rule 3.701, F.R. Crim.P. We affirm.

On December 7, 1983, appellant pled guilty to violating community control and the court revoked his community control. He sought to be sentenced pursuant to the guidelines, which became effective October 1,1983, but the trial court declined. At the time of sentencing, the committee note to Rule 3.701(d)(ll) provided that…