Rios v. State

LEHAN, Judge.

Defendant appeals from the revocation of his probation and sentencing for trafficking in cocaine. He raises multiple points on appeal. We affirm as to all of those points except his point V in which he contends that he was not given an opportunity to select sentencing under the sentencing guidelines.

In this opinion we discuss one of those points on appeal as to which we affirm and point V upon the basis of which we remand for resentencing.

As to point V, defendant contends that the trial court erred in sentencing him within the guidelines without an affirmative election on his…