Opinion
No. 88-622.
February 9, 1989.
An Appeal from the Circuit Court for Okaloosa County; Erwin Fleet, Judge.
Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
Appellant Arne appeals the trial court's 1988 imposition of a guideline sentence, upon violation of probation, where Arne's original offenses occurred prior to the effective date of the sentencing guidelines. Finding no indication in the record that Arne made an affirmative election to be sentenced pursuant to the guidelines, we reverse and remand for resentencing. Section 921.001(4)(a), Florida Statutes.
ZEHMER and BARFIELD, JJ., concur.