ROBERT JULIAN RANDI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT JULIAN RANDI, APPELLANT,
STATE OF FLORIDA, APPELLEE
538 So. 2d 976
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant correctly contends that the three year sentence of incarceration for the crime of grand theft committed September 25, 1981 should not have been a guidelines sentence because he did not affirmatively select to be sentenced under the guidelines. On the contrary, the record affirmatively shows that appellant rejected a guidelines sentence. Therefore, appellant’s motion to correct illegal sentence should have been granted to reflect that his sentence was a non-guidelines sentence, and the order appealed from is modified to that extent. Except as so modified, the order denying relief is
AFFIRMED.
DAUKSCH, ORFINGER and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Little v. State, 561 So. 2d 442 (Fla. 5th DCA 1990)…rand theft conviction (Case No. 81-1442) he committed in 1981. Two errors occurred in connection with his sentence for this crime. First, the record does not show Little affirmatively elected to be sentenced under the guidelines. See Randi v. State, 538 So. 2d 976 (Fla. 5th DCA 1989); Ames v. State, 470 So. 2d 94 (Fla. 5th DCA 1985). Accordingly, this sentence must be vacated and the cause remanded for resentencing. Second, the state conceded that Little should have been given credit on this sentence for al…