Rasul v. State

RYDER, Judge.

Appellant raises four points on appeal. We find merit in two.

Appellant was improperly sentenced under the sentencing guidelines. Appellant committed his present offense in April of 1983. The sentencing guidelines became effective in October of 1983. Appellant must be sentenced in accordance with the law existing at the time he committed the offense, unless he affirmatively elects to be sentenced under the sentencing guidelines. The record failed to show that appellant elected to be sentenced under the sentencing guidelines. Hall v. State, 482 So.2d 560 (Fla. 2d DCA 1986).

Appellant…