Saavedra v. State

ON MOTION FOR REHEARING

LETTS, Judge.

The Petition for Rehearing is granted. The original opinion is withdrawn and we substitute the following:

This cause is affirmed. At the conclusion of the trial, appellant elected to postpone a decision on sentencing under the guidelines. At the sentencing hearing in August of 1984, he elected to be sentenced under the guidelines in effect before the July 1, 1984, amendment. He is unable to do so because either the guidelines in existence on the date of the commission of the crime or those in existence on the day of sentencing apply. See Miller v. State, 468…