Legal Opinion
Green v. State
District Court of Appeal of Florida
Decided August 21, 1985No. 85-401PublishedCited by 1 opinion
1Per curiam
We find that the record fails to disclose that defendant affirmatively selected to be sentenced under the guidelines. See In re Rules of Criminal Procedure, 439 So.2d *18848 (Fla.1983); Kimsey v. State, 467 So.2d 333 (Fla.2d DCA 1985). Therefore, we remand for resentencing pursuant to the rule.
DOWNEY and HURLEY, JJ., and RIVKIND, LEONARD, Associate Judge, concur.
2Cases cited1 opinion
- Kimsey v. StateDistrict Court of Appeal of Florida · 1985
3Cited by1 opinion
- McClatchie v. StateDistrict Court of Appeal of Florida · 1986