CORRINE LOUISE TRASTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CORRINE LOUISE TRASTI, APPELLANT,
STATE OF FLORIDA, APPELLEE
470 So. 2d 849
Florida District Court of Appeal, Fifth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The offense in this case was committed before the effective date of the sentencing guidelines and the record does not show that the appellant affirmatively elected to be sentenced pursuant to the sentencing guidelines (§ 921.001, Fla.Stat. (1983); Fla. R.Crim.P. 3.701) anytime prior to, or during, sentencing proceeding. Therefore, the guideline sentence in this case is vacated and the cause remanded for resentencing.
SENTENCE VACATED; CAUSE REMANDED.
DAUKSCH, ORFINGER and COWART, JJ., concur.
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Corrine Louise Trasti v. State, 487 So. 2d 428 (Fla. 5th DCA 1986)…ch is subject to parole, in an effort to make it equivalent to the prior guideline sentence, which was not subject to parole.3 AFFIRMED. UPCHURCH and SHARP, JJ., concur. . Sections 316.1931(2) and 782.07, Florida Statutes. . See Trasti v. State, 470 So. 2d 849 (Fla. 5th DCA 1985). . See Ryan v. State, 482 So. 2d 558 (Fla. 2d DCA 1986), where the second district rejected the contention that because guideline sentencing had not been affirmatively elected, defendant’s [*429] sentence should remain as impose…