Bryant v. State

WENTWORTH, Judge.

Appellant seeks review of his 30 month guidelines sentence following revocation of probation. He argues that he did not affirmatively select guidelines sentencing for offenses committed prior to the effective date of the guidelines. We agree and reverse.

Appellant committed the underlying offenses on April 21, 1983, and, after adjudication upon entry of guilty pleas, he was sentenced to five years probation. He was arrested again in 1985. Upon conviction of that offense, he was sentenced to five years incarceration and his probation was revoked. At the probation revocation…