Maxwell v. State

The appellant, Ira Maxwell, appeals from two four-year sentences imposed upon him for violating probation. Of the two arguments appellant raised on appeal, we find merit only in his contention that, in the absence of an affirmative election, the trial court erred in sentencing appellant under the sentencing guidelines, Florida Rules of Criminal Procedure 3.701.

On December 11, 1980, appellant was charged by separate informations with two counts of robbery pursuant to section 812.-13(2)(c), Florida Statutes (1979). Appellant pleaded guilty to the charges and, on *1219March 30, 1981, was placed on…