ROBERT WILLIAM CAHILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Affirmative Selection For Sentencing cases and more on FLexlaw
PER CURIAM.
The appellant challenges the revocation of his probation and the sentence imposed upon revocation. We reject the challenge to the revocation of probation, but agree with the defendant that he was improperly given a guidelines sentence.
The defendant was placed on probation for an offense committed on September 7, 1982. The record does not reflect that the defendant affirmatively selected to be sentenced under the guidelines. In the absence of such a selection, the sentencing guidelines may not be applied. Cahill v. State, 467 So. 2d 366 (Fla. 2d DCA 1985).
Accordingly, we reverse and remand for resentencing. At resentencing the appellant may affirmatively select to be sentenced under the guidelines. If he does not, the trial judge must resentence him according to the law in effect prior to the adoption of the guidelines.
REVERSED AND REMANDED FOR RESENTENCING.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cahill v. State, 505 So. 2d 1113 (Fla. 2d DCA 1987)…a.1986). Applying this analysis, we are not convinced “beyond a reasonable doubt that the trial court would have rendered the departure sentence in the absence of the invalid reasons.” Id. at 1251. This case was previously appealed. Cahill v. State, 478 So. 2d 376 (Fla. 2d DCA 1985). This court reversed appellant’s sentence under the guidelines and remanded for re-sentencing because appellant did not affirmatively select to be sentenced under the guidelines. Id. In that first sentence, the trial judge listed…
Authorities Cited
- Cahill v. State, 467 So. 2d 366 (Fla. 2d DCA 1985)