Rutlin v. State

COWART, Judge.

This is another sentencing case involving a departure from the sentencing guidelines. In In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So.2d 848 (Fla.1983), the supreme court provided that “[t]he sentencing guidelines adopted herein will be effective for all applicable offenses committed after 12:01 a.m., October 1, 1983, and, if affirmatively selected by the defendant, to sentences imposed after that date for applicable crimes occurring prior thereto.”

In 1980, appellant pled guilty to grand theft and was placed on probation. On November 10,1983, appellant pled…