Elizagarate v. State

Full title: ELADIO T. ELIZAGARATE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 13, 1986

488 So. 2d 129 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. 85-218, 85-1250.

May 13, 1986.

Appeal from Circuit Court, Dade County, Ralph N. Person, Judge.

Bennett H. Brummer, Public Defender, and John H. Lipinski, Special Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Mark J. Berkowitz, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.

PER CURIAM.

We reject the defendant's claim that he had a right to elect to be sentenced under the sentencing guidelines for life felonies committed prior to October 1, 1983, Sec. 921.001(4)(a), Fla. Stat. (1983); Wade v. State, 488 So.2d 127 (Fla. 3d DCA 1986); State v. Smith, 470 So.2d 764 (Fla. 5th DCA 1985).

Affirmed.