McLeod v. State

ERVIN, Judge.

McLeod, appealing from a denial of his 3.850 motion, contends that he was denied effective assistance of counsel, in that he was not given the opportunity to affirmatively select a guideline sentence, and his counsel failed to object to the imposition of the non-guideline sentence. We agree that the appellant was entitled to make an affirmative selection of guideline sentencing, as none of the crimes for which he was convicted was a life or capital offense.

The record reflects that the appellant was found guilty of the following crimes: attempted murder in the second degree with a…