Legal Opinion

Frazier v. State

District Court of Appeal of Florida

Decided July 31, 1985No. 84-1836PublishedCited by 1 opinion

1Per curiam

Upon review of the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error. However, since there appears to be some misapprehension on the subject, we wish to point out that appellant’s sentence was not under the sentencing guidelines because his crime was committed on the evening immediately prior to October 1, 1983, the effective date of the guidelines, and he did not affirmatively select to be sentenced under the guidelines. See Sheffield v. State, 468 So.2d 441 (Fla. 2d DCA 1985).

AFFIRMED.

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.

2Cases cited1 opinion

  1. Sheffield v. StateDistrict Court of Appeal of Florida · 1985

3Cited by1 opinion

  1. Traver v. StateDistrict Court of Appeal of Florida · 1986