Ennis v. State

WIGGINTON, Judge.

Appellant was adjudicated guilty of, and received concurrent sentences for, attempted sexual battery, burglary, kidnapping, and false imprisonment.1 The offenses were committed on December 21, 1983. Prior to sentencing, rule 3.70M3., Florida Rules of Criminal Procedure, was amended, effective July 1, 1984.2 In sentencing appellant, the trial court utilized the amended version of the rule in determining appellant’s primary offense at conviction to be kidnapping.3 Appellant now objects to the court’s applying the amended rule, arguing that the court should have applied the…