Gurchick v. State

The only question on this appeal is the right of appellant to be sentenced under the guidelines upon his request where his original sentence (vacated on appeal) occurred prior to application of the sentence guidelines. We hold he is entitled to elect resentencing under the guidelines and therefore reverse.

Appellant was originally sentenced to fifteen years in prison on his plea of guilty to the offense of burglary. This court vacated the original sentence on an earlier appeal and ordered appellant to be resen-tenced by the trial court. 439 So.2d 1002, appeal after remand 428 So.2d 738.

At the…