Beceiro-Mesa v. State

The defendant was convicted by a jury of aggravated battery and carrying a concealed firearm. Both of these crimes were committed prior to the adoption of the sentencing guidelines. The defendant contends that the trial court erred in sentencing him in accordance with the guidelines. We agree.

The sentencing guidelines may be applied to crimes committed prior to October 1, 1983, if a. defendant makes an affirmative selection to be sentenced pursuant to them. In re Rules of Criminal Procedure, 439 So.2d 848 (Fla.1983); § 921.001(4)(a), Fla. Stat. (1983). In the present case, the defendant made…