Cabrera-Sarmiento v. State

ORFINGER, Judge.

Defendant’s conviction for trafficking in more than 400 grams of cocaine is affirmed. We vacate his sentence, however, and remand for resentencing because it appears from the sentencing order that the trial court considered the sentence to be a guideline sentence, from which he was departing. The crime was committed before October 1,1983, and there is nothing in the record to indicate that defendant affirmatively selected to be sentenced under the guidelines. See Irving v. State, 464 So.2d 672 (Fla. 5th DCA 1985).

The trial judge gave two reasons for “enhancement of the…