McPhaul v. State

LEHAN, Judge.

Defendant appeals from the sentence imposed upon him upon his violation of probation.

Defendant first contends that the trial court erred in sentencing defendant pursuant to the sentencing guidelines for an offense committed prior to the adoption of the guidelines without defendant having affirmatively selected guidelines sentencing. The state acknowledges that the record does not reflect such an affirmative selection. Therefore, we remand for the sentence to be corrected to reflect that it is a nonguidelines sentence. As in Hall v. State, 482 So.2d 560, 561 (Fla. 2d DCA 1986),…