Weaver v. State

LEHAN, Judge.

Defendant appeals his sentence imposed pursuant to the sentencing guidelines. We reverse.

Defendant first contends that his sentencing was in error because he did not elect to be sentenced pursuant to the guidelines. We disagree. The record shows that his attorney participated in open court in a discussion with the trial judge and the assistant state attorney concerning what the recommended guidelines sentence was. Defendant’s attorney asked the trial judge to sentence defendant in the low end of the guidelines range. Under these circumstances we conclude that there was more than…