McClatchie v. State

GLICKSTEIN, Judge.

There are two issues in this appeal, both compelling reversal of the sentence and remand, which we do.

First, in our collective judgment the facts of this case do not clearly establish affirmative selection to be sentenced under the guidelines. See Green v. State, 474 So.2d 17 (Fla. 4th DCA 1085). Those facts are that (1) appellant’s attorney, at some time, signed the scoresheet; and (2) appellant did not indicate at sentencing that he did not wish to be sentenced pursuant to the guidelines, although he discussed other matters. He never said that he did wish to *551be so…