Opinion
No. 95-00816.
December 13, 1995.
Appeal from the Circuit Court for Pinellas County; Claire K. Luten, Judge.
Willie E. Clark, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
We find merit only in the appellant's contention that the trial court erred in not resentencing him pursuant to the guidelines as directed by our mandate in his previous appeal. Clark v. State, 645 So.2d 575, 577 (Fla. 2d DCA 1994).
The trial court did not err in denying the appellant's motion to be sentenced pursuant to the 1994 guidelines. The statute the appellant relied upon in that motion, section 921.001(4)(b), Florida Statutes (1993), has been replaced by section 921.001(4)(b)2., Florida Statutes (Supp. 1994). At the time of his resentencing, the amended statute provided for sentencing under the 1994 guidelines only for offenses committed on or after January 1, 1994. Ch. 93-417, § 1, Laws of Florida. The amended information filed against the appellant alleged he committed the charged offenses between 1987 and 1991.
Accordingly, we affirm the appellant's convictions but reverse his sentences and remand for resentencing pursuant to the guidelines.
Affirmed in part, reversed in part, and remanded for resentencing.
FRANK, A.C.J., and LAZZARA and QUINCE, JJ., concur.