Bailie v. State

SCHEB, Acting Chief Judge.

Defendant Russell Mark Bailie was convicted on two counts of the sale of marijuana. On appeal he raises four points. We find merit only to defendant’s contentions that the trial judge erred by: (1) depriving him of the opportunity to be sentenced under the guidelines; and (2) requiring him to pay $200 court costs pursuant to section 27.3455(1) Florida Statutes (1985).

At the sentencing hearing on March 5, 1986, the trial judge ruled that the sentencing guidelines were inapplicable because the defendant’s offenses occurred in 1982 before the enactment of the…